Legal Question in Landlord & Tenant Law in Illinois

My roommate and I have lived in our apartment for 6 months and from the very beginning we have had a constant and very serious mouse issue. We have told our landlord and they have closed up holes, put down mouse poison, and gave us sticky traps. No attempts to exterminate the building or anything and the mice constantly come back. I have written down each mouse situation (sightings and catchings). I also sent and email on the first day of June asking that they fix the situation. Nothing has worked and the situation is still happening right now.

I am 8 1/2 months pregnant and I can have my newborn baby any day. I do not want to worry about these mice in my son's bassinet . i want to break the lease because it is a hazard to my child. Is there a way I can do this?? Will this go down as an eviction on my record? Will it be counted against my credit?


Asked on 6/25/15, 7:36 pm

1 Answer from Attorneys
Stephen Messutta

If you are covered by the Chicago Residential Landlord & Tenant Ordinance (RLTO) you may have the right to terminate your lease. If not Illinois has a similar law but only allows you to pay for the 'repairs' (ie extermination) and deduct it from rent, but I would NOT suggest doing this without an attorney's help. The notice requirements under either the RLTO or State law can be tricky. And, with the right help, you may be able to terminate the lease under State law, but that is even trickier and riskier. You can also try contacting the City building department since vermin is a code violation, but that is a whole other ball of wax....

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Answered on 7/07/15, 7:14 am


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