Legal Question in Landlord & Tenant Law in Illinois

Stairs

We have lived and rented this house for 17 years. We had a problem with lead paint and had to fight by withholding rent to get it partially fixed. My husband is a bilateral below the knee amputee. The metal railing to the front steps(4) is not anchored and is rusted. The back steps were falling off. He and his buddies put new steps on but they are not level and have only one rail. The porch is not big enough for my husband and his walker to walk up. Since the railing in the front is rusted it broke loose and swings. He will not fix it. He won't fix the leaky roof. The plaster fell in the bathroom and has never been replaced. We cannot afford to move. They are anticipating a buy out from the city so if we move we get no relocation money. He won't fix because of this. Do we have rights? What can we do?


Asked on 9/18/03, 12:03 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Stairs

A rental property cannot be uninhabitable/dangerous - therefore, anything that causes danger can be repaired/replaced by you and taken from your rent money. However, what constitutes danger is varied. However, I also would not agree that your husband's disability needs to be necessarily accommodated. You have many issues that can only be dealt with by reviewing the law carefully and ascertaining your exact rights. I would advise you to consult an attorney before you make any wrong moves. Also, there are many self-help centers that give free advice to tenants/landlords. Start searching those and you may get lucky. And then find a new place to live.

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Answered on 9/22/03, 2:23 pm


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