Legal Question in Landlord & Tenant Law in Illinois

I rented a house in November through a realty agent. When I rented it I thought it was expensive but I really wanted it because it had a huge hot tub with a separate pump room in the finished basement. When I filled it, it didn't work, called the landlord, he looked at it and said he wouldn't fix it because it was too expensive. He said the only way to fix it was to replace it and he would not do that. I think he knew the thing didn't work and got me in the place using it as bait.

But there's more. His realtor said he had been burned before by previous tenants and asked if I could pay six months in advance. I just sold a house and had the cash, wanted the hot tub, figured that would be one less hassle and agreed to pay six months plus a security deposit. They rushed me on the way in and put on the lease that I was to take possession the very next day. It took me a month before I found out about the hot tub because I was busy fixing the rest of the place up.

The landlord left the country, supposedly to visit relatives. In the meantime as I was researching this property trying to figure out what to do about the broken bait and switch hot tub, I found out that this house is in foreclosure, something neither the landlord nor the realtor mentioned when they took my money. The original complaint was filed in July, the judgment was entered in October. In December they entered another motion to foreclose, which means the landlord has not used a single penny of the money I gave him to pay the rent. I really got taken in here. Can I sue?


Asked on 1/03/10, 12:45 pm

1 Answer from Attorneys
Arnold Toole Toole Law Office, LLC

If the landlord told you that the hot tub worked prior to you leasing the place, then most likely it is his obligation to fix it. You should inform him in writing to fix the hot tub. However, the lease may also speak to this issue, and the terms of the lease would control (it is a contract). The lease would need to be reviwed. The landlord had a duty to inform you about the foreclosure. It sounds as if you could get out of the lease if you wanted to. There may be other causes of action against the landlord, for which you could sue. Feel free to contact our office if you wish to discuss this matter further, 773-684-5730.

This reply does not constitute an attorney-client relationship, and is specifically limited by the information provided.

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Answered on 1/11/10, 9:42 am


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