Legal Question in Landlord & Tenant Law in Illinois

When my mother died, we rented her house, not even thinking it had lead paint. The tenants had it tested and were told it had lead paint..the tenant said he would fix it if we paid for the supplies. We did. They stayed for almost a yr before buying but owes me over $900 and now that a yr has passed, he claim we would not win in small claim court because of the lead paint. I have emails saying he would pay me. Should I drop it?


Asked on 7/03/17, 4:21 pm

1 Answer from Attorneys

Emails are evidence, but not all the evidence. So if I was the judge, there was no jury and no court reporter, I could still rule against you. First, if you knew or should have known your house was built before 1978, you were supposed to provide a lead based paint disclosure by law. Having not done so, the tenant could have terminated and possibly sued you for moving costs and maybe even costs for lab tests for lead poisoning, and worse, especially if there were any children. . . . You put them in a bad place so they may have felt forced to settle for the deal you made with them. If they felt under pressure and didn't have the money or time to move out and risk your suing them for lost rent -- that could be duress that would work against you. I might ask them from the bench if they had any clue the house was built before 1978, or how they figured that out. Maybe it was a scam since frankly, painting an old house that may contain lead-based paint is not necessarily required under the law anyhow, so you got the better part of the bargain if they did a good paint job - usually materials are less than labor. You never know in small claims' cases what the testimony will be like, so nobody can really guide you. It may be a lesson but again, if they did a decent painting job you may have lucked out.

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Answered on 7/19/17, 11:13 am


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