Legal Question in Landlord & Tenant Law in Illinois

the pipes burst in my apartment building through no fault of mine. due to this the power was cut to prevent fire (understandable) and i was not allowed to enter the apartment because i was told the floor would collaspe into the apartment below. the landlord has stated to me and the tenent of the lower apartment that he is going to evict us because we are costing him too much in repairs. a) can he legally do that? and b) is he responsible to provide us with alternate housing (hotel, another vacant propert, etc.) until the necessary repairs are made?


Asked on 5/20/11, 8:33 pm

1 Answer from Attorneys
Stephen Messutta

Most written leases contain what's called a "Casualty & Destruction" provision, giving the landlord the ability to terminate a lease if there's been this kind of event that makes it so that you can't live there. If you live in Chicago or Evanston, there may be additional things to consider, but without more it's hard to say, especially if you do not have a written lease. Bottom line, if the landlord can terminate due to the damage that makes the apartment unlivable then yes he can evict. The fact that he may be angry about how it happened, etc. is a different point. And he should have insurance.....

Read more
Answered on 5/22/11, 11:09 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois