Legal Question in Landlord & Tenant Law in Illinois

I MOVED IN MY APARTMENT OCT 1ST AND ON OCT 9TH @ 8'30am i left and came back @ 4;01PM MY HOUSE WAS BROKING INTO...I CALLED TO MAKE A REPORT OF BURGURLY AND CALLED MY LANDLORD EXPLAIN WHAT HAPPEN..HE SAID NUN HE CAN DO CUZ HE WAS @ WORK..SO HE ARRIVE THERE LIL AFTER 9PM..TO SEE WHAT HAPPEN BUT BEFORE ALL THIS WHEN I CALLED MY MOTHER ASKED HAVE THEY BROKE INTO THE BUILDING BEFORE HE SAID THEY BROKE IN HIS APARTMENT HE USE TO STAY DOWNSTAIR HE MOVED IMA SAY SEPTEMBER CUZ WHAT THEY DID TO HIM..CAN I SUE BECAUSE HE DIDNT WARN ME ABOUT THEM BREAKING INTO THE BUILDING RIGHT BEFORE I MOVED IN?? FOR PAIN AND SURFFER


Asked on 10/25/10, 1:25 pm

1 Answer from Attorneys

This is a difficult situation. Ordinarily the fact that a crime happened doesn't automatically make the landlord liable, even if it happened once before. You should make out a police report, and find out if this has happened MORE than once before if the landlord reported it at all. You have an insurance loss and hopefully you had renter's insurance. This is Chicago, and you probably have a written lease. You need to read the lease to see what your rights are; probably few since it sounds like a 2-flat and even the Chicago Residential Landlord & Tenant Ordinance doesn't apply to your apartment. But if this is the third or 4th time or more often, in say a few years' period, I would definitely consider consulting an attorney to consider a way out of the lease. If it isn't and it is the 2nd time I would definitely tell the landlord it's up to the landlord to fix the doors and/or windows and make the place more secure now that this has been a repeat situation, because that's the landlord's usual obligation (the lease may attempt to limit). Especially now the burglars may very well target the downstairs' (landlord) unit next. Time for some motion sensor lights, bars and whatever else it takes.... We live in a very sad state of affairs....You may also want to consider something since you are now on notice there is crime in the area -- ask your insurance agent what you can or should consider for yourself within reason.

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.

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Answered on 10/31/10, 12:48 pm


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