Legal Question in Real Estate Law in Illinois

Hello, I have been having ongoing issues with my landlord for several years to the point I have had enough.

My rent is $1375 a month for a three bedroom unit, 1 bathroom and in-unit laundry plus one parking spot in a secure parking lot attached to the building.

In the past 5 years, the main entry door to the vestibule hallway has been broken - the lock will not lock or will get stuck so you cannot get in or just doesnt lock at all. The landlord has made several attempts over the years to patch the door but for at least 3 years you can tell a new door is needed. We have had to move homeless people from the vestibule many times. In the past three months the hinge also broke and has now resulted in the door not even closing and when you close it, it falls back open. We have asked over and over again to have it fixed. This week the landlord came to fix the door but ended up taking an alternative entry door for another part of the building, exposing the entire guts of the building. Not fixing our door at all but leaving a hole in the wall where there previously a perfectly working door.

Over the past 18 months there has been a constant leak from the bathroom above us. We had to force the landlord to fix the leak and ceiling after chunks of the ceiling came down one time. The Landlord has patched the ceiling three times now with just spackle. Obviously there is a leak coming from above and we have even called our own plumber to come and take a look - he fears the leak is coming from pipework behind the walls of the unit above us. The landlord does not seem interested in looking to or fixing the problem. My plumber estimates the job to cost $2-3k.

I am not sure what to do? I want to withhold rent from him but he threatens me with eviction if I do that. However I dont have a signed lease and I have lived in the building for 10 years.

What are my options? Can I legally withhold rent?

I also believe our building is not up to code with light switches and door lock/deadbolts etc. In sufficient courtyard lighting and sometimes the security lighting doesnt even work.

Please help!

Thanks.


Asked on 5/26/10, 4:20 pm

2 Answers from Attorneys
Caroline Palmer Law firm of Caroline Palmer

You cannot legally withhold rent. You can take the landlord to court for violations of the building codes and the court can make him bring the building up to code, however without a lease agreement this could lead to your being evicted. My best advice is to keep paying the rent and find a new place to live.

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Answered on 5/26/10, 7:38 pm
Elfreda Dockery Law Office of Elfreda Dockery

you can withhold the rent under certain circumstances. since you live in the city of chicago, i suggest you obtain a copy of the landlord tenant ordinance. a hardcopy is available for free at city hall or you can view and print a copy off the city's website. you need to look at 5-12-110 of the code to see what your remedies are. call me at 312-372-5600 if you need further assistence.

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Answered on 5/27/10, 12:31 pm


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