Legal Question in Landlord & Tenant Law in Illinois

My landlord put an infraction in my file because when I watered a few of my plants the water went down on the patio of the tenant below and they filed a complaint about it. I have tried really hard to not allow the water to happen but occasionally it drips. I can find nothing in my lease that says this in a violation of my lease but they put in paperwork that it falls under the category other and they added that water was a waste product. Can they put an infraction on me for this? When it rains it causes a bigger problem then a few drips of water.


Asked on 6/09/15, 8:17 pm

1 Answer from Attorneys
Stephen Messutta

If it's not in your lease, are you renting a condo perhaps? There are condo rules. So your information may be incomplete. But normally if there is a 'breach' (infraction) and the landlord does NOT use it as a reason to evict, it really means nothing unless the landlord is fined by the association, in which case it could be passed back to you. SO I suggest that if you are renting a condo, talk to the association contact if there is one. If this is NOT a condo, then the landlord would have to prove a breach ('infraction') of some provision -- like not causing a 'nuisance'. As a neighbor, however, you might want to knock on the downstairs neighbor's door and let them know when you're watering so that they know ahead of time?

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Answered on 7/07/15, 7:29 am


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