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I currently live in an apartment that has cockroaches in the…

Hi. i currently live...

Hi. i currently live in an apartment that has cockroaches in the unit since december 2017. I have brought it to the building management's attention since then and they have sprayed my unit at least 3-5 times with no success. I have 3 months left on the lease and would like to vacate as soon as the end of march. My question is, would there be any legal repercussions if we were to vacate the unit? I have also e-mailed the management to make them aware of the decision to move out by the end of the month. so i'm still waiting on a decision from them, but would like to stay proactive and look at what options i have in the mean time.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Is there a number i can reach you at? it may be easier to explain via phone as it is somewhat lengthy

Lawyer's Assistant: Where is the apartment located?

Chicago, il

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

Not at this time. i will explain over the phone

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Answered in 1 minute by:
3/19/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,321
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
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I am sorry to hear of your trouble with the landlord, but I have information which will be useful to you.Every tenancy, and expessly in the Chicago Landlord Tenant Ordinace, 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 or remediate a pest infestation, 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 photos and a written record of the damages and your request for repairs.Did you have further questions? Have I answered your question? Please let me know.
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Customer reply replied 1 month ago
Thank you for looking into this matter. Some additional information I'd like to add. As of today, 3/19/2018, I have e-mailed the leasing office with the following message:"The Bryn Leasing Office,First off, I'd like to thank the leasing office for being proactive and understanding in this matter. However, we can no longer reside in this unit and request to break the original lease ending on 6/30/2018 and vacate the unit by the end of the month (3/31/2018). My roommate and I have been experiencing high activity of cockroaches for the past couple months, I believe starting as early as November/December of 2017. We have brought it to the leasing office's attention several times and have worked them to get our unit sprayed. I believe our unit has been sprayed about 3-5 times now with no success. We have allowed the 30 days to pass by to allow all the pests to be eliminated before bringing up the issue again, per the Rose Pest Control treatment procedure instructions.The pests are all over the kitchen. Crawling all over the counter tops, drawers and cabinets (please see attached video). It is very embarrassing when we have guests over as it makes us look like we aren't sanitary. It's impossible to cook anything due to the cockroaches crawling over the counter tops. My roommate has to shake his laptop off because the cockroaches will get inside there and lay eggs. We have found smaller roaches and eggs fall out of his laptop. Overall, I believe we've given ample time for this issue to be resolved and request that we break our lease early. We can vacate the unit as early as the end of the month (3/31/2018). Please feel free to call or e-mail me at anytime. Thank you."I have also attached the video I sent to the leasing office. With the details provided, would it still be likely that the building management would press any legal charges? Especially with only 3 months being left on the lease?
The apartment is unhabitable with such an infestation. If the landlord can not correct the problem then you can declare a constructive eviction and move out. You will still need to sue the landlord.
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You can also try to negotiate an exit. If you do, make sure you get a release in writing so that your liability is cut off and you can not be sued.
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Customer reply replied 1 month ago
Would you be able to represent my case if court action is necessary? and how much are your services in the event that you do? Thank you.
Thank you for the vote of confidence. Unfortuantely, I am no longer taking on new clients (retired).
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,321
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Will do. Thank you for your prompt responses.
You are very welcome. Best of luck.
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Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,321
37,321 Satisfied Customers
Experience: 30 years of real estate practice experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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