Legal Question in Real Estate Law in Illinois
tenant/landlord/essential services
I am presently fighting my previous landlord in Illinois since March of 1998. Regarding essential services states, "If you are unable to use a portion of your house due to fire, flooding or other ccasualty, you may recover damages for a reduction in rent by that unusable portion until the repairs are made.....you may sue for actual damages including for loss of use or reduction of the rair rental value of the premises...you may get comparable substitute housing during the period of the landlord's noncomplinace of railure to comply. The rent for the original premises is not owed by the tenant during this period." Is there anything like this for Illinois tenants? My apartment flooding due to a burst water heater up 2 stories above me on Jan 1 1998. I was not relocated until Jan 17 1998. I went from a 3 bedroom apartment to a 1 bedroom apartment. The landlord took more than 90 days to repair the damage and upon advice of the Student legal services,we vacated the apartment and gave written notice that this was the tenants sole remedy under our lease to vacate if the repair was not done in 90 days. He wants to settle for $1000.00. Our security deposit was $645.00 plus we pre-paid rent Jan-May 30 1998.
2 Answers from Attorneys
Re: tenant/landlord/essential services
Your defense is the doctrine of constructive eviction. Don't pay and offer to call it even with him keeping your deposit. If he sues then raise this defense.
Re: tenant/landlord/essential services
The common law provides a "constructive eviction" remedy. You may be entitled to a refund of both your security deposit and unsued pre-paid rent.
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