Legal Question in Landlord & Tenant Law in Illinois

I did not pay my rent for the month of July due to poor conditions of my residence. I have multiple work orders that were not filled properly and my house has mold in the walls and plumbing. Myself and three children have been sick off and on due to poor conditions. One of my children was injured twice due to the office failing to connect door to hinges and it feel on my 2 years old twice. Both times were reported to the office. I have pictures and videos supporting all my claims that the landlord is not filling my work orders. This has been ongoing for my entire residency. I have asked multiple times to be moved but was told by the office manager that its not even worth mentioning to the property managers. I have had to go three months on and off without a fridge and my stove blew up. Both instances I was told was not considered important and I was being inconsiderate. I have always paid rent on time and in full. I have no complaints made against me prior to this. A five day notice was taped to my from door. I was told by another landlord that I am being taken to court to be evicted and I was never served with any court papers i was told they were left on ground outside my door


Asked on 8/05/19, 9:43 am

1 Answer from Attorneys
Stephen Messutta

You will need to see an attorney. Illinois law prohibits landlords from evicting where the rental is not habitable, but you have to prove it in court. And if you don't have court papers, an attorney will have to check to see if there's a case filed and when it may be up for trial if you don't know, and it sounds like you have your hands full. There may be pro bono (free) attorneys at a nearby legal clinic, or you can call the local bar association for a lawyer referral (usually). It is possible that instead of going after you for rent, the landlord may just want you physically out. In that case personal service of a summons is not always required..... But without checking a court file, there's no way to know for sure. A 5-day notice for failure to pay rent is NOT court process..... Based on your stated zip code, you're in Peoria. There should be lots of attorneys handling cases like yours there. Best wishes.

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Answered on 8/06/19, 6:16 am


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