Legal Question in Landlord & Tenant Law in Illinois

Hi, I'm in a large condo building that has just started a huge year long construction project. Lots of noise, dust and we can't use our balconies. I'm going to ask the landlord to take some money off my rent. Am I merely appealing to his sense of decency or do I have a right to ask for this? I see a few things that may apply in the Illinois Tenant law, like the fact this work is being done to comply with a chicago city ordinance and the board has been having meetings about this for over a year, meaning when I signed my lease they knew but did not disclose this. The landlord is an individual unit owner in this large condo building. Thanks!


Asked on 3/25/14, 2:03 pm

1 Answer from Attorneys
Stephen Messutta

If the landlord knew and did not disclose this to you, you may have been defrauded even if the landlord claims that the rent was reduced to reflect the likely loss of use.... So I think you may have some grounds, and they are not under "Illinois" law, but the Chicago Residential Landlord & Tenant Ordinance. This forum is no place to educate you on it but if you are a renter in Chicago you should educate yourself on it. Among other things YOUR lease is supposed to have a summary of the ordinance attached, the landlord had to comply with the security deposit provisions, and the fact that there is dirt, noise and you can't use the balcony for its normal purposes could make the place not "habitable". So yes there may be room to renegotiate the rent, but realize that unless you had particular requirements ("I'm a nurse on night shifts and must know the place is quiet during the day") the landlord won't care.

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Answered on 3/26/14, 12:42 pm


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