Legal Question in Landlord & Tenant Law in Illinois
I live in Illinois. I complained to my landlord about not having hot water in the kitchen and shower 2 days ago. She looked at the situation and said they will start repair 2 days from now and will need 3 days to complete. During the repair I will have no water at all. My landlord offered to either get me a hotel or I could stay at her place. She said she would vacate her place and let me stay there during the repair. I opted for a hotel for my comfort level but she was bullying me into staying at her place. Is this legal? Is the landlord supposed to provide hotel accomodations in this situation? At this point I just want out on my lease. This is such a nuisance. I don't know what else will need repair in the future. I heard all the other units in the building have corroded pipes. I live on the top floor and if they have to repair the other units I won't have water. Do I have a case?
1 Answer from Attorneys
If you have a written lease it should say what the landlord's liability is in such a situation. An apartment without water that is supposed to have hot and cold water is not tenantable and is most likely a building code violation. In MOST situations like this, the tenant would have at best a lawsuit against the landlord for the loss of use, and the lease may limit this and put it on the tenant to buy renter's insurance for such situations. So it's really difficult to say without reading your lease. Also, your zip code is 60089, which is Buffalo Grove. I don't know if they have a local landlord/tenant ordinance but in absence of one normally under the Illinois Residential Tenant Right to Repair Act you would have to give specific written notice and the landlord has a specific time to respond and if not then you have to repair but can deduct the costs (up to a maximum amount) from your rent. Since the landlord is apparently being responsive to you, and without knowing what your lease requires of you in the way of renter's insurance, the offer of a hotel or anything is pretty reasonable.
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