Legal Question in Landlord & Tenant Law in Illinois

HI Live in chicago,IL COOK

I have a condo in a 4 unit building, 2 stories high. The roof is new. The upstairs people are tenants. On the 25th I noticed water on my ceilings and in light fixture. I went upstairs and checked but found no plumbing problems. It was a one time leak, if it was plumbing it would happen each time kitchen/bath was used. I even had a contractor check their plumbing today he found no leaks. He did notice their hardwood flooring were bowed and seperating which he said was due to water damage. I got estimates for $650 and $940 to repair my apt (only was able to get two estimates). I dont have homeowners insurance, the building is small, im not sure about bylaws if any, board is one lady who cant do much.

I believe the tenants upstairs cleaned their floors on the 24th. I only noticed it on the 25th(The water would take time to seap through 1"+ ceilings & you cant notice it unless you look up), thats the reason there was no water when I went up to their unit on the 25th. My idea was confirmed when their next door neighbor told me she saw the tenants putting out a wet 6x9' rug out on the back stairs to dry on the 24th (rug was still there yesterday). The tenants upstairs and owner denie causing the leak/damage.

My question is,

What proof do I need to show they caused the water leaking through my ceilings? Thanks to this forum I now know I must go after the owner of the unit. My biggest worry is how do I prove they caused the leak? Do I need a picture of them throwing water on the floor :)?

Is it enough that the buildings roof is new, its only two stories high, and my next door neighbors dont have any water damage. There is water damage in the middle of the livingrm ceiling, if I take pictures of their subfloors by cutting a hole in my ceiling is that proof? How does one go about proving something like this. Is it this easy to damage a property and claim the water came from nowhere? It didnt even rain all that week.

Thanks for your help


Asked on 9/01/10, 9:04 pm

1 Answer from Attorneys
Stephen Messutta

Any seasoned contractor can tell, and usually an insurance adjuster. So an estimate for repair can state where the leak is from ("through ceiling" etc.) and if the applicable owners don't believe it, they can get their own opinions. In the end it could be opinion v. opinion because that's the way things are, but the real question is what are you waiting for. You need a third party who might eventually become your star witness in a liability case. Get the insurance company (yours, your landlord's...), the association if this is a condo....and a few contractors involved. These are not do-it-yourself situations!!!!

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Answered on 9/08/10, 6:09 am


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