Legal Question in Landlord & Tenant Law in Illinois

My daughter and her boyfriend are renting a house. There are rooms in this house that have water damage to the ceiling tiles. One of the rooms, the ceiling leaks when it rains. In the bathroom, there is mold and tile damage. They have contacted their landlord and the landlord has informed them, that she will make arrangements for temporary repairs. Also, there is no carbon monoxide or smoke detectors in this house. How should my daughter and her boyfriend protect themselves legally? And what rights do they have if repairs are not made to the house?


Asked on 12/30/09, 8:52 pm

1 Answer from Attorneys

Is there a written lease or not? This is where you look first. You also need to look to local ordinances to see if there are landlord-tenant ordinances that could grant additional rights subject to additional obligations. Protect? Everything should be in writing but you do not give some important information like whether the house was like this when they rented it. Since you do not give important information, the best couse may just be to work with the landlord or see if it is a matter of life-safety whether the landlord will let your daughter and her friend install the CO/smoke detectors and take it off the rent or something -- in writing of course. Because if not the only alternative especially with mold issues would be to make a demand in writing that if things are not fixed that they will move out and declare a "constructive eviction" but this could lead to other problems-- like a lawsuit where it becomes a problem of "he said, she said". Best find the lease and bring it to a lawyer who can ask the right questions.....

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Answered on 1/05/10, 1:34 pm


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