Legal Question in Real Estate Law in Illinois
Landlord screwed me
Have been a tenant for 30+ years in space but currently without lease. Landlord proposed making modest improvements to space, which I agreed upon, fixing pipes, etc. However, he began large scale construction, which has rendered the space un- usable (I am a commercial photographer) and furthermore placed much of my equipment and archives at risk of being damaged or ruined completely. I would move out but am unable to sort through my things as they are under plastic/dust. I have refused to pay rent since he began construction as the construction was not what we had agreed upon and has rendered the space un- usable for me. What are my rights in this situation? Also, what rights does the landlord have- meaning can he throw my stuff out in the street leaving me with no recourse?
2 Answers from Attorneys
Re: Landlord screwed me
I believe you probably have a strong case against the landlord, but it's not clear to me what your damages are. Without researching it, I believe it's possible that he has potentially done one or more of the following: constructive eviction; breach of an implied warranty of fitness for a particular purpose; breach of your right of quiet enjoyment of the premises; and/or tortious interference with your business.
And no, he can't put your stuff on the street unless he wants to trespass and do a lot of other illegal stuff. To remove a tenant, you have to go to court in Illinois, there's no "self help". But see a lawyer ASAP. Good luck!
Re: Landlord screwed me
First, non-payment of rent is non-payment of rent. He would have to evict you through the courts - Sheriff will not evict without court order. If he puts your property without a court order, he is guilty of trespass.
A month-to-month amounts a 30 day automatically renewing lease. He can refuse to renew, but you have 30 days to leave.
During the 30 days you have a right to 'quiet enjoyment' of the property, which, in my opinion, he has violated by doing more repair work than you expected. However, by remaining after you discovered the extent of the work being performed, you have accepted it.
You cannot make him stop work and you still have to pay rent. You are allowed 30 days notice on any rent increase. You could ask him to stop work long enough for you to move your equipment. This is a legally reasonable request. Also he would be reasonable for damage On the final hand I doubt very much if wok goes on 24/7 so you can move it while work is not proceeding. Enough cleanup - for you remove your equipment would be your responsibility.
I really think he has violated the terms of the defacto rental agreement and you can walk away from the situation . You really need an attorney to enforce your rights. Otherwise you are going to wind up in a shouting match where nobody wins. Because you have professional equipment at home you should insure it and get a lease. Your position is very weak by not having anything in writing.