Legal Question in Landlord & Tenant Law in Illinois

I live in a 1st-floor condo. The floors of the condo above me are creaky beyond belief, not just your standard "I can hear them walking around". It is loud to the point that it sounds like something is breaking. The owner lives out of state (there are renters living in it), and simply refuses to do anything about it, or flat-out ignores the phone calls when my Association calls him. Our Association lawyer gave him 30 days to something, but as I said, he simply ignored it. The second step would have been to take him to court, but I'm told the whole building has to pay the legal fees (which makes no sense to me). Can I get a lawyer myself to handle this without dragging the rest of the building into it?

Asked on 3/09/15, 10:28 am

1 Answer from Attorneys

Joseph Brabender Brabender & Chiang LLC

You could consult with your own lawyer to determine whether there is a viable cause of action that can be brought without the association's assistance. If you do have a claim, you will have to evaluate whether it is worth it to proceed. Attorney's fees can be quite high in litigation, especially if the owner puts up a fight.

Usually in this situation an association would just fine an owner into compliance (assuming some rule is actually being broken).

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Answered on 3/09/15, 10:52 am

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