[DAYEIL]

Good Morning,

My name is Dayeil and I'm currently living in a basement apartment that has become unlivable due to mold and mildew growing behind the walls and under the carpet. When I moved in there were no contracts, no lease, I did however give the 1st months rent and a security deposit. I have never met or seen I my landlord (Leroy), all communication and money transactions are handled with his brother (Randy), I told Randy know 2 months ago about the problem, at the beginning of August and again at the end of August. We had a bad thunderstorm and the water came into the apartment, I informed Randy about this and he just mentioned having someone come shampoo the carpets but still nothing has happened.

So last month I only paid half of the rent and they're expecting me to still pay the other half and September's rent. I called Randy to get the landlord's address because I wanted to talk to him personally. Well here is where I get pissed off and even more frustrated, this a**hole stays on the next block from me, I went to his home and his daughter came to the door, I told her I was a tenant and needed to speak with her father regarding the apartment and it was very important, she said he was sleep and she wasn't going to wake him up. So I called Randy and told him that I tried contacting his brother by phone several times and no answer and I can't leave a message because the voicemail is always full, and that's when I decided to give my 30 day notice to vacate the apartment and I wasn't paying rent for September because the apartment has become unlivable for my family, my children are sick and as a landlord his brother has not fulfilled his duties or taken care of his responsibilties. Did I do the right thing or do I need to take any further steps? I live in IL will I be able to get my security deposit back on a month-to-month no lease?

[excon]

Hello day:

Assuming there's no damage, you should get it back less the half month you owe, plus September. It depends on WHEN you gave your notice, and whether it was WRITTEN or not.

You can't live for free, even if it's not worth it.

excon

[rockinmommy]

Check the "sticky" at the top of this forum for a link to your state's LL / tenant laws. Since you have no written lease - that basically is your lease and both you and the landlord will have to abide by those laws.

My guess is that if you haven't conducted the communication in writing with "Randy" then you'll probably be out of luck on getting your deposit, as they'll apply it to the rest of August and Sept. rent. Most states have laws regarding condition of rental units, etc, but to be able to move out behind on rent and still get your deposit you'd have had to follow written notification guidelines of the conditions- at best.

You can always take them to small claims court, but they could counter sue for the rent you owe.

[ScottGem]

While most states allow the landlord to retain security deposits for unpaid rent that is the landlord's decision NOT the tenants. You are required to pay rent except under very specific conditions.

If there is an unlivable condition it needs to be properly documented.