Legal Question in Real Estate Law in Illinois

Uncontrolable Neighbors and apartment manager won't help

My nieghbors ''come alive'' at 2 am every night. Cleaning, loud music, loud tv, kid screaming and bouncing ball. I have complained to the partment management and they have talked to the people, but it never stops. The management acknowledges the problem, but won't take any action with those people.

I have live there 6 months and can not take it any longer. I cannot get out of my lease because it is for 1 year. This is affecting my work because I am extremely tired. It is affecting my family because me and my wife are tired due to lack of sleep. After moving in, I found out that the people that used to live there moved into a different apartment in the building to get away from those people. If feel that the management knew of the problem with thiose people before leasing me the apartment and failed to warn me. I have many many people that will witness to the trouble of those people.

Can I sue the apartment managment to get out of my lease?

Can I sue them for mental damages for the suffering that I have had to deal with?

Can I sue those neighbors for not abiding by the rules of the apartment and for not acting upon our complants?


Asked on 8/13/01, 10:10 am

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: Uncontrolable Neighbors and apartment manager won't help

You can absolutely get out of your lease. The situation which you describe is called a "constructive eviction".

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Answered on 8/13/01, 3:38 pm


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