Illinois  |  Civil Rights Law

Legal Question

Asked on: 5/08/13, 5:22 pm

Are there any lawyers that would take a civil case and not get paid til they win? My husband and I live in a town home and our neighbor has something leaking in her unit which is destroying our garage the ceiling is caved in lots of damage yet she refuses to fix the issue or pay for damages, she said the association is responsible and the association says it's between the tenants. We pay association fees for what if they barely cut the grass and do not enforce the rules and make people do what they are suppose to do? Is there anything we can do have spoken with the police in Joliet, the association and neighborhood services.

1 Answer

Answered on: 5/18/13, 6:44 pm by Chen Kasher

I'm sorry to hear about what happened to you. To answer your initial question, I don't know if any attorneys will retain an association dispute on a contingency fee basis.

If a party wants to go after their association, much of the case turns on what is in their contract with the association. If the contract specifies that the association is not responsible for the actions of other tenants, then they may be absolved of addressing this issue (although I doubt any court would enforce such a provision).

Assuming someone is a tenant, they have a right to "quiet enjoyment" and "habitability" of the leasehold that the association/neighbor may be violating. And if a person owns a portion of the town home, they may be able to sue their neighbor for damages. But, yes, I believe that under the facts you presented, some relief should be available.

Disclaimer: I am not your attorney and this is not legal advice.

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Chen Kasher 1642 E. 56th Street Chicago, IL 60637

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