Legal Question in Landlord & Tenant Law in Illinois

I rented an apartment jan 2010, since I have been there I have endured loud terrible noise from the tenants above me, I currently reside on the 1st floor, they make excessive noise daily, until 3am and on many occassions they are noisy until 4am, I work and go to school, and I do not get any sleep, I have complained to the managment company on 4 seperate occassions, and the 1st time they claimed that they notified her, but yet the noise continues, the 2nd and 3rd time I called to make a compliants they pretty much told me to handle it myself by calling the police and even going to knock on her door, I did not call the police for a simple non-emergency and I did not knock on her door because I wanted to avoid confrontation with her. she also has a Washing Machine in her apartment that makes a tremendous amount of noise, she runs the washing machine all times of the day and night with no care or respect for myself and my family. I would like to know what are my legal rights as far as breaking the lease so I can move out of the building to a more peacful place to live. I can no longer tolerate the noise it is not fair to myself and my family. The person that's making the noise is breaking the Lease by disturbing the neighbors so is it leagal to break my lease and move out?


Asked on 7/20/10, 2:10 pm

1 Answer from Attorneys

You should call the police-that might stop everything. You could ask the person nicely to keep the noise down from 10 to 7, or you could give the landlord notice that they are violating the warranty of quiet enjoymnet and that you are moving. The landlord might allow you to move or may file suit for breach of contract if you move. You would then use the violation as a defense. If you choose to move, talk to a lawyer in person first!

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Answered on 7/25/10, 6:48 am


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