Home > Research Legal Advice > Landlord / Tenant > Valuable information I need to break my lease due to unresolved maintena...
Asked about 1 year ago - Peoria, IL
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Rodent problems (mice), ants, spiders
heat pump consistently not working
locks changed after four months of living there
garage key not given to me after promised to be given a week after move in I have lived at the residence for 5months now
lights not working on my front porche and or garage
No responses to my phone calls I have made
Documents all the problems in writing and make sure you get proof that the management company received your letter. Be sure to review the lease very carefully and make sure that you comply with all notice requirements in the lease.
You may want to contact your local housing department regarding the rodent and heat issues.
Good Luck.
Jeffrey Whitcomb
Whitcomb Law Firm, Ltd.
www.whitcomblawfirm.com
Illinois law allows you to have some of these repairs made and maintenance issues addressed and deduct some of the costs from your rent, and then Illinois law is supposed to prevent the landlord from evicting you for doing so. That could be a fight but it is your home. Check out 765 ILCS 742/5 - Illinois Residential Tenants Right to Repair Act and 765 ILCS 720/1 - Retaliatory Eviction Act. However there are limitations and neither allows the tenant to "break" a lease. What you are trying to do is assert a "constructive eviction" as well as illegal eviction (changing of locks). It would be worth your while to consult with a local attorney to decide on a course of action. You MAY be able to break your lease but this forum just won't go far enough to make sure you are protected -- a face to face with an attorney would be the best thing to make sure all issues are properly addressed.
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