Legal Question in Landlord & Tenant Law in Illinois
I live in Illinois and we rent a home. Our landlord refuses to fix things when we call him. We have not had hot water since November 2016. I finally called a plumber (who was unable to fix the problem, states it's an electrical issue) so when we paid rent this month I took that bill off our rent. Three days later our landlord went down and filed to evict us. Is there anything that we can do? There are also other things wrong with the house such as mold, electrical outlets not working, not proper door lock, a garbage dump about 100 ft from our front door, etc. We also gave him notice (the same day he filed apparently) stating that we were leaving by the end of March 2017.
1 Answer from Attorneys
From your zip you live in or near Belvidere. It may have a landlord-tenant ordinance that covers things like this. If not, Illinois has a state law called the "Illinois Residential Tenants' Right to Repair Act" which allows tenants self-help (including limited rent offsets) if the landlord refuses to make needed repairs w/in 14 days after written notice. If you gave the landlord written notice of the needed repairs you may be safe, but will have to defend your eviction on the landlord's failures after notice. A house without hot water also may be considered not "habitable" and this too is a good defense to a rent/eviction. Also, your building department may be able to get involved but that could result in their putting a 'cease and desist' order on the property requiring you to move out, which may not be helpful, but in a smaller community they may be able to help, and there may be an 'ombudsman' office that can help mediate your situation. But without all the facts, and being out of area, this is not something I can give you fully sound legal advice on. But the point is you do have options to defend the situation -- including the fact that landlords can't evict by "retaliation" (ie they can't evict because you assert your legal rights). Best bet: call a local attorney for help asap!
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