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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2983
Experience:  Litigation Attorney
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My landlord promised me my basement wouldn't flood it

Customer Question

My landlord promised me my basement wouldn't flood it flooded if my new washer and dryer no longer work due to the flood is he liable
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 2 years ago.
what state are you in?
Customer: replied 2 years ago.
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Your landlord has a duty to make sure that your home is livable, that the conditions of the home are not a threat to the safety and health of the tenants and that the home complies with the housing code.
The steps to get your landlord to make repairs are:
(1) Notify the landlord immediately by telephone and follow up with a written letter;
(2) Keep a copy of the letter for your records;
(3) Keep track of when you made the oral demands for repairs;
(4) Take pictures of the damage for your records; and
(5) If the landlord does not make the repairs, you should contact the landlord to find out if and when he or she will make the repairs.
Your best option is to have the repairs done yourself and take the costs out of your rent. This is allowed under the Residential Tenants' Right to Repair Act. But the Residential Tenants' Right to Repair Act only applies to some situations. Read on below to find out if it applies to you.
The Residential Tenants' Right to Repair Act is a law that, in some situations, allows Illinois tenants to make repairs to their apartments and deduct the cost of the repairs from their rent. It is only allowed for some repairs, and special steps (described below) have to be taken to comply with the Act.
he Act only applies to repairs that are required by the lease, by law, by administrative rule or local ordinance or regulation.
You may not deduct the cost of repairs from your rent when the damages are caused by your deliberate or negligent act or because you failed to act in some way. This includes damages caused by your family or other persons in your apartment with your consent. You must tell the landlord in writing that you are planning to have the repair made at the landlord's expense. Send the letter through registered or certified mail to the address on the lease. If there is not an address listed, send it to the most recent address you have for the landlord. After notifying the landlord in writing you must wait 14 days to make the repair, if the landlord has not made the repair by then.
Unless- There are emergency conditions that require the repair to be made sooner. Then the repair can be made right away. Your situation with the flooded basement would fit under this as the water could lead to mold and uninhabitable conditions. You must give your landlord a paid bill from the tradesman or supplier and the tradesman or supplier's name, address, and telephone number before you may deduct the amount from your rent. Problems are usually considered serious when they involve essentials, such as heat, electricity, plumbing, water or security. You should have the apartment inspected to help determine if the problems are serious. If they are serious and violate the housing code, the inspector will request that the landlord make the repairs. If the landlord does not, then you may consider making the repairs and deducting the cost from your rent.
If the problem does not violate the housing code, you probably should not repair and deduct, unless your lease permits it or your repair is covered under the Right to Repair Act.
If the flooding was caused by the landlord then you can do what I have described and your landlord would be liable for damages if it was caused by disrepair but unfortunately if it was just a freak accident he/she would not be liable.
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 2 years ago.
I see you have reviewed my answer, please let me know if you have any further questions and please positively rate my answer if satisfied (there should be smiley faces or a 1-5 rating next to my answer, a good or excellent rating would be fantastic).
Expert:  Christopher B, Esq replied 2 years ago.
Any chance for a positive rating?