Legal Question in Landlord & Tenant Law in Illinois

Hi There, I have an issue with my landlord. He has been remodeling my bathroom for 8 weeks. There is mold and the floor was falling through. I only have a shower. No toilet or sink. I have one other bathroom but only a toilet and sink. He has made me live in chaos for this length of time. Disrupting my family, very messy, I have been sick since because of all the dust and stuff that came out of the walls when he tore them down. He is insisting I pay rent even though he is taking so long to finish. Do I have rights as a tenant? Also, he won't give me the lease, makes me pay in cash and won't give me a receipt. I'm so frustrated. I owe him money (about $3500. from the past when I couldn't pay the whole rent) but he has $2500. in cash for security and is holding a $5000. stone with appraisal (3k heart shaped ruby) he said he would consider taking in lieu of the back money owed. But is now insisting I pay the money owed, however he won't give me back the stone. What can I do? Thanks so much for your time, Lynda


Asked on 8/06/10, 10:48 am

1 Answer from Attorneys

You apparently have a lot of issues, but the only one I will address here is whether you have tenant rights. If this is a one-bath apartment then without seeing your lease you MAY have the right to move out (after giving reasonable notice - say 2 weeks) on the grounds that the place is not tenantable. If he finishes up within that time, you may have to stay. If he doesn't, you can consider actually moving, but if he sues you for rent you have to prove the place was a pit -- you will need letters to him with pictures, etc. You may want to start with either the local health department or building department, either of which may be able to say the place is not habitable too which will be additional ammo for you, or give you a right to get out too. As to the stone vs. rent, if you have no receipt from him saying he has the stone...and it's not insured....you've created a situation where if you do start proceedings regarding the place you run the risk of his deciding to keep the stone and that it was never yours to begin with, and still suing you for more. You should consider having an attorney's help with this.

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 currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 8/17/10, 7:41 am


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