Legal Question in Landlord & Tenant Law in Illinois

My apartment has been flooded due to the pipes backing up from the tenants above me. My kitchen sink was overflowing, draining onto the floor and soaking my carpet. This has happened several times but not as bad. This time i was out of town when i returned to see this issue. The only thing the complex has done was removed the water, run fans, and shampoo the carpeting.

The apartment has not been livable for the last 4 days and i have needed to live with a friend. Upon retuning, ive noticed a horrible moldy smell, my kitchen drawers still covered with water, and my patio door open despite the fact im not home and on the first floor.

I want to be let out of my lease without penalty, have my last 4 days of rent prorated, and have my security deposit returned. Do i have the right to make any of these requests?


Asked on 9/27/10, 4:16 pm

1 Answer from Attorneys
Stephen Messutta

I think you need to repost this question, because it doesn't make sense logically. In order to back up in YOUR apartment, the "clog" would need to be BELOW you and therefore you'd have to at the very least prove YOU didn't cause the problem but that it came from above you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

Read more
Answered on 10/02/10, 4:32 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois