Legal Question in Landlord & Tenant Law in Illinois
Lied to about condition of house
When myself and my two friends checked out a house that we considered renting, one of our main questions was if there was any water problems in the basement. The property management company who was handling the house said no. We have now been living in the house for 3 months and there has been at least some amount of water in the basement for 2 out of the 3 months. Is there anything we can do to try to get out of the lease early? Because not only were we lied to, but taking care of the problem could include fixing/replacing the gutters, and possibly installing some kind of basement de-watering system.
1 Answer from Attorneys
Re: Lied to about condition of house
Fixing the problem is the landlord's responsibility, not yours. If the landlord refuses to fix the problem, you may be able to fix it yourself and deduct the costs of the repairs from your rent (check Peoria's landlord-tenant ordinace to see what it states about that issue). If the problem is not fixed and it causes you to be unable to use any portion of the house, this can create a constructive eviction and you should be entitled to reduce your rent accordingly, e.g., if you can't use 25% of the rented premises, you can reduce your rent by 25%. However, you really need to pull the applicable local ordinance to find out about the extent of your rights and the landlord's obligations.