Legal Question in Real Estate Law in Illinois

Hi, I currently stay in an apartment with my children and myself. I stay in the state of IL. I have not had heat in my apartment since winter, and there a hole in my roof and come to find out squirrels have been n my apartment, they put an hole from the roof that goes to my kids closet. Last Monday there was one on my daughters bed. Not to mention I have a son with Asthma whoes been sick for the last past month. My landlord knows all this and refuses to do anything. I contacted the health dept which they didnt do much. I plan to move but it takes time and money to do so. Can I take my landlord to court, or what shoukd I do Now? Thanks


Asked on 1/25/14, 11:01 am

1 Answer from Attorneys
Stephen Messutta

Under the Illinois Residential Tenants' Right to Repair Act you could have some of the work done yourself and deduct a portion from rent, but unless this is an emergency situation must give formal 14 written notice to the landlord, and wording it properly could be tricky, and even if it is an emergency requires notice after the work is done. As to moving out instead, you would be wise to again notify your landlord the apartment is uninhabitable before doing so, and again this is something you should have an attorney help with. Moving because of conditions like this is a defense to a later lawsuit by the landlord for unpaid rent, but generally filing a lawsuit to get these things fixed is also tricky and requires a court to order the landlord to do things that the statute above give you some rights to do and which the landlord could also delay in court. Please with children involved --- SEE AN ATTORNEY.

Read more
Answered on 1/26/14, 1:44 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois