Legal Question in Real Estate Law in Illinois

I live in an apartment complex in aurora il. I am a single mom with two kids. Recently I haven't iced a strong odor coming from my bathroom. It clearly smells like marjuana. I contacted my leasing company and they have indicated that they cannot do anything because it is a private matter. They said we Ned to contact the police when we smell it. We have done this and the officers did indicate to us it clearly is marijuana smell. They knocked on the neighbors door (we only have one in our part of the complex) but they didn't respond or answer their door. I am now afraid for my health since the smell is really strong and I have chronic asthma and I am also concerned for my dis safety since our neighbors will think we reported them. What is our rights? Can we leave? Can we break our lease without being penalized.?

Asked on 6/29/13, 10:13 pm

1 Answer from Attorneys

Chen Kasher Chen Kasher

Do you have documentation of your asthma? Do you have documentation of the marijuana smell, like a police report? If so, it may be worthwhile to show these to the leasing company and explain that they compromise what's called the "warranty of habitability" (meaning you can't live there). See if they're willing to deal with it.

Also, it's possible that your lease provides that everyone is entitled to quiet enjoyment of their property, and that the company must step in to avoid situations in which one tenant harms another.

Do you have documentation of the smoke? The more proof, the better.

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Disclaimer: I am not your attorney and the above is intended to be informational and not construed as advice, legal or otherwise, in any way.

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Answered on 6/30/13, 10:06 pm

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