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Our apartment ceiling was sagging severely. Without

Customer Question
Our apartment ceiling was...

Our apartment ceiling was sagging severely. Without inspecting and surveying the situation first with their building engineer, the landlord sent a maintenance crew to fix it. They tore down half of the apartment ceiling and stopped. They did not cover anything in the apartment before beginning their work. Plaster dust covered everything in our apartment.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

This large apartment building was built in the 1920's, so in addition to the mess caused by all of the plaster dust, I believe there may be asbestos in the ceiling plaster and the insulation padding above it.
What type of compensation am I legally entitled to as far as being properly relocated, having to deal with the damage to my personal belongings, the inconvenience of living with the mess and unfinished work on the ceiling, the possible exposure to asbestos, and how can I get samples of the ceiling tested for asbestos without having to spend $200 to $300? Oak Park, IL

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The landlords only response is to allow me to terminate my lease early and move out. They have refused to relocate me. They have expressed no concern for the plaster dust mess or the possibility of the ceiling containing asbestos. This is a multi million dollar management company which owns approximately 60 large aging rental properties in the Village of Oak Park, Illinois.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/14/2017
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,055
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The landlord has a legal duty to provide a habitable dwelling and it sounds like your place is definitely uninhabitable while all this is going on. So he would have to put you up in a hotel and pay for any additional expenses that you incur due to the work. Further, he has to completely clean up his mess as well as clean anything of yours that has been soiled or gotten dusty due to the worker's negligence in failing to remove or cover everything.

.

If they haven't put you up in a hotel, you can move to one and then immediately file suit against the landlord for your damages and breach of contract for his actions.

.

As for asbestos, you would have to get samples yourself and have them tested first. But then you would have to prove some type of injury due to any potential exposure which will be very difficult because health problems only occur after years and years of prolonged exposure to asbestos, not just passing contact..

.

.

thanks

Barrister

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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