Legal Question in Real Estate Law in Illinois
I recently moved into an apartment about 2 weeks ago. No serious problems with the actual unit as yet, but the place where I have to dump my garbage is only a few feet away from my entry door bunches of garbage is always on the ground. The dumpster is partially enclosed by a wooden fence that starts 2 feet from the ground on up, so you are able to see the garbage on the ground that did not quite make the dumpster, lots of it. I work late and come home late at night. When I arrive home, I am greated by racoons and I have seen a skunk or two hanging out at the dumpster. I am terrified as one of the skunks wandered over to my entry door. Most of the tenants toss their garbage over the wall and some of this garbage misses the dumpster and lands on the ground. The dumpster area is so disgusting. I can understand why people toss their garbage over the wall. I am afraid of the animals that this draws. I have complained twice and don't think they will make any changes. I want to move out and wanted to know my rights.
1 Answer from Attorneys
You need to review your lease. Hopefully like most leases, the landlord is responsible for the "common areas" and since you put the landlord on notice (how? in writing or just word of mouth??), your landlord may be in breach of lease. You may want to call the local health or building authorities, but you may also want to have an attorney put your complaint in writing since a verbal complaint is easily denied and if you decide in the end to move before your lease is up and the landlord decides to sue you, it would be just your word against the landlord's. So you should consider having an attorney write a letter and make a record. Be prepared for the landlord to think twice about renewing your lease at the end of the term.
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