Legal Question in Landlord & Tenant Law in Illinois
My basement flooded due to a rain storm....I called my landlord at 12 am to tell her it was flooding n the rain was still coming in she said she couldn't do anything about it and could not come see what was going....so all night the water still kept coming in and alot of my things have gotten wett n destroyed. ...what do I do
1 Answer from Attorneys
Unless the community where you live has a more specific ordinance, Illinois State law controls: The Illinois Residential Tenants' Right to Repair Act. It provides, in summary, that IF the landlord is supposed to take care of something and doesn't, the tenant has the right to notify the landlord (certified mailing) and if the landlord doesn't make the repairs within 14 days (or sooner if it is an emergency) the tenant can have the repairs made and deduct from next rent up to $500 or 1/2 of the month's rent, whichever is less. As to your property loss, hopefully you have renter's insurance and the loss may be covered, and if so the insurance company may then go back after the landlord. If you don't you would have to rely solely on your lease and may only be able to sue the landlord for the loss. But you should have an attorney review your lease to find out exactly what all the options are, as some of the above could be affected by the lease terms.
Related Questions & Answers
-
Can i sue to get my property after a wrongful eviction? Asked 3/19/13, 6:03 pm in United States Illinois Landlord & Tenants