Legal Question in Landlord & Tenant Law in Illinois

I live in a 3 flat and the landlord lives in the building. There are leaks in almost every room. There is an internal issue with the radiator in first bedroom that is does not even come on. I wrote landlord a letter. She said to leave bedroom doors open to get heat. And in the same bedroom is cracked windows. She said there is nothing she can do about the radiator not working. Also none of the windows in the apt have storm windows and are all old wood windows. in the lease its states they are to provide working windows, doors and heating system. Can we break lease since the landlord says there is nothing she can do to fix radiator or windows or will not provide storm windows.


Asked on 1/26/12, 2:43 pm

1 Answer from Attorneys
Stephen Messutta

An attorney should review your lease, but since the landlord lives in the building the Chicago Residential Landlord & Tenant Ordinance does not appear to apply and so your rights are limited to Illinois law. Illinois law may allow you to notify the landlord in cases like this and if the landlord doesn't respond you can spend up to $500 yourself to make the repairs and deduct up to that amount from rent, but it is something you might want an attorney to help guide you to do. If the place is uninhabitable you may ALSO be able to declare what's called a "constructive eviction" meaning it is so bad it is not habitable you may be able to move out, after giving the landlord notice and the opportunity to fix things, but don't be surprised if the landlord tries to forfeit your security deposit and sue you anyhow.

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Answered on 1/28/12, 2:10 pm


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