Would this be considered a retalitoryeviction or constructive eviction.

Asked almost 4 years ago - Urbana, IL

I had been living in a rental property with major moisture issues, sewage back up, & black slimey mold on the walls around base of basement floor. Its growing on the walls around the ceilings upstairs too. Not to mention a gas leak it took 2 years to address & an electrical fire in the basement.
All documented with my photo's & service shut off documented by Amerin IP.
It was just a bad living situation altogether and I wanted documentation on it before we left and had no proof of what exactly we have been exposed to for the last 3 yrs+.
Air sampling shows we'd been breathing sewage gases through the heat & AC system, my wife & I have been sick numerous times due to this.
I contacted the IL attorney general's office, the Monticello city building inspector,& EPA

Attorney answers (1)

  1. Stephen Samuel Messutta

    Contributor Level 16

    Answered . What you are talking about is a constructive eviction, being where conditions that the landlord is responsible to handle are so bad the place is not tenantable/habitable and you are effectively being forced to move out. It helps to have the building department concur, and it is critical to give a final but reasonable notice that you will move out because of the specific things wrong (and for how long) if they are not resolved in a reasonable time period (at this point probably max of 2 weeks). In the mean time if the building department issues a written order that requires you to vacate, you can move out immediately. This all assumes, among other things, your lease if any did not deal with these issues and shift responsibility for them on you, and that you did not create the problems.....

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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