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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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My daughter just called me in a panic. The roof to her and

Customer Question

My daughter just called me in a panic. The roof to her and her boyfriend's apartment just collapsed in the living room. The carpet is wet and the kitchen is now flooded (its raining in Chicago), the roof was sagging for 2 weeks. The landlord came and saw the damage but said there was nothing he could do. What recourse do they have? Are they expected to live in this apartment with no roof. Who is responsible for providing them with shelter? Can they have the landlord cited for code violations to the building? Thank you
JA: OK. The Landlord-Tenant Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. They are not able to afford a lawyer and this just happened 10 minutes ago.
JA: Is there anything else important you think the Landlord-Tenant Lawyer should know?
Customer: I'm not sure of the details. The lease was just signed for a new year on March 3, 2016. What they want is to find another place and get out of this lease. Is that possible without them being penalized?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This type of damage would make the property uninhabitable until the landlord makes repairs and fixes the roof so no more water gets in. So at this point, daughter would have the right to demand that the landlord put them up in hotel until he makes repairs. If he refused, she can pay for a reasonably priced hotel/motel and then sue the landlord in small claims court under a breach of contract claim for him failing to provide them with a habitable dwelling.

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If the landlord doesn't make repairs within a reasonable time, maybe a few days after the rain stops, then that would give them legal grounds to terminate the lease and move out based on his breach of contract in failing to provide a habitable dwelling.

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Make sure she takes lots of pictures and video of the damage for future evidence purposes.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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