PDA

View Full Version : Landlord Issues


Kaorinite87
Jun 6, 2009, 10:44 PM
I'm renting a house and the roof over the Kitchen is leaking fairly bad, there are bubbles forming on the ceiling above our fridge. Now I have asked my landlord nicely several times to fix it, he still has not. I have an infant and I am allergic to mold. What should I do? The house is starting to smell musty and he insists that he can't find anyone willing to take the roofing job. I live in illinios what can I do?:confused::confused::(

this8384
Jun 9, 2009, 07:28 AM
Call the Health Department and explain your situation. If they inspect the property and find it to be in need of repair, the landlord will be required to fix it.

susangpyp
Jun 9, 2009, 07:37 AM
Put everything in writing. Write a letter to the landlord and say "I contacted you on this date and this date and this date asking you to address this harmful situation and you have failed to do so. If the situation is not remedied within 30 days i will........"

You have to decide what you will do.

1. Vacate the premises. You MUST document everything and take pictures of the condition. Tell the landlord that if the condition is not remedied you will consider this constructive eviction and vacate the premises. You must put this in writing ASAP.

2. Withhold rent. In most jurisdictions you are able to withhold rent until the harmful condition is remedied. Again put it in writing.

3. Call the board of health and housing authority. I'd call them right away anyway but put it in writing to the landlord.

It's your choice but you MUST document and photograph everything and send it all to him in writing. The only way to prevail if he takes you to court is to have a fully documented history.

ScottGem
Jun 9, 2009, 09:05 AM
From this website:
Illinois Uniform Residential Landlord Tenant Act Law Law Summary and Law Digest (http://lawdigest.uslegal.com/landlord-tenant/summary-of-residential-landlord-tenant-law/1810/)

Typical tenant remedies for breach by landlord.
If landlord breaches his obligations to maintain the premises, tenant normally has several options. First, tenant must usually give landlord a written notice with a deadline in which to repair the problem, the deadline being prescribed by law and varying from shorter to longer depending on the severity and impact of the problem. If landlord fails to act, tenant may either terminate the lease, have the damages repaired by outside contractors or by tenant himself and deduct the cost of repairs from the next month's rent, or withhold rent until landlord repairs the damage. If a landlord fails to provide possession of the premises, tenant may find other lodgings and sue the landlord for the difference in monthly cost, providing tenant mitigates damages. If a landlord wrongfully evicts tenant, the tenant's option is normally to fight the eviction in court and sue landlord for damages.

If you do decide to withhold rent, I would deposit the amount in a separate savings account so you will have it when you finally have to pay it.

ballengerb1
Jun 9, 2009, 09:18 AM
You have gotten some good advice. There is no shortage of roofers in Illinois so the LL is blowing smoke.