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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33504
Experience:  30 years of real estate practice experience.
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I have a home that I rent in Lansing IL. Numerous

Customer Question

I have a home that I rent in Lansing IL. Numerous maintenance requests to repair the sewer pipe coming from the house have been ignored. The company response is they are waiting for the owner to permit the work. The sewer pipe has been cleaned 4 times since the 14th of April. The carpeting in the basement has not been cleaned or dried since the episode on 4-30-2017. I have maintenance requests and responses documented. There is now mold growing on the drywall in the basement. I have a written statement from a sewer contractor stating that in his opinion there is a hole in the sewer line causing all the problem.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ILLINOIS
JA: Has anything been filed or reported?
Customer: Yes I have copies of all the maintenance requests and details
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is also a problem with foundation seepage. This home was advertised as a 6 bedroom home. The 3 bedrooms in the basement are unusable
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Loren replied 3 months ago.

I am Loren, an Illinois licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

Expert:  Loren replied 3 months ago.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your request for repairs.

Expert:  Loren replied 3 months ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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