Legal Question in Landlord & Tenant Law in Illinois

Charging past fees

This past January, I sent my building's management company a letter

stating that I was withholding rent because they had moved a known

drug dealer into the apartment above mine. Because of him, there were

a number of break ins in the building and our community washer/dryer

were destroyed. I was sent a notice of eviction in February and came to

an agreement with the management to pay the past rent and avoid court

if they would take action to evict the tenant. I paid, the matter was

dismissed ''without prejudice'' and the tenant was evicted. We now have

a new management company as of June and they claim that I owe

attorney/court fees to the building based on this episode. I was never

informed of this by former management. Since we avoided court and

settled the matter (I have a receipt), do I owe this money?

Also, what recourse do I have for the not yet replaced washer and dryer

when they were part of the reason I took the apartment in the first place?


Asked on 11/21/05, 2:09 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Charging past fees

In my opinion you should not have to pay attorney's fees because the case was settled,

before the issue of attorney's fees every came up. I would refrain from discussing this with

management anymore. It is best that you have an

attorney contact management. In the future you

should remember that whenever an apartment or

apartment building are unliveable or your safety

is at risk, you can mova out then and declare

the apartment uninhabitable. In other words, a tenant can move out of a dangerous apartment,

even when there is a lease, but a tenant cannot

reamain on the landlord's premises and not pay

rent. I will be happy to answer any additional

questions that you might have.

Read more
Answered on 11/22/05, 12:52 am


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