Legal Question in Civil Rights Law in Illinois

hi......well my question is i live in a two bedroom apartment my two kids and my husband and i stay in this apartment. we just renewd our contract but shortly after renewing our contract i found out i was 3months pregnet i know only 4 people can stay in a two bedroom apartment.....im afraid we will get evicted what can we do? please help!


Asked on 6/06/10, 5:41 pm

1 Answer from Attorneys

First, I hope this is a happy situation for your family and that eventually your child will be born healthy. That's the most important thing, right? As to the practicalities, how do you "know" only 4 people can stay in a 2-bedroom apartment? Is this a zoning limitation? A building code limitation? Or just something imposed by the landlord in your lease? Whether or not it's in your lease the first thing I might do is call your municipal zoning and building department because they should be able to help you determine how much area and # of bedrooms you need in your family situation (there are minimums but newborns sometimes get a "pass"). Then, If it's in your lease, you ought to talk to the landlord and if you hear things that don't sound right from your talk with the municipality you may just want to listen, but bear in mind your child won't be born until late in the renewal period, and you can just tell your landlord you just found out and will plan on moving "next year" unless he has a larger place or can let you stay on with a newborn for a year or so. If the landlord wanted to evict he'd most likely have to wait until your child was born, which would be a pretty nasty thing to do, and if he pressed the issue so close to the end of the lease term I think a judge would be pretty annoyed (especially if you've been up front about it all and have paid your rent along the way...), and maybe it's just a way to avoid having people unrelated by blood or marriage living in the apartment to avoid overcrowding.... (If you're in Romeoville proper, the definition of family would include the 5 of you), and maybe it's just a way of getting more money for rent!!!! It would be nice if the landlord would let you stay in your apartment for the renewal while you look for a larger place for your growing family. Hope this helps and best wishes!

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Answered on 6/07/10, 7:34 am


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