So... Who here has passed the Illinois Bar?

My apartment needs repairs (there's a leak in my ceiling that disintigrated a ceiling tile). I've contacted my landlord via telephone to notify him of the repairs needed. One week later and he hasn't responded.

This is my first bona fide problem with a rental unit, so my learning curve is pretty steep. Plus, I've barely been home due to the hours I've been working. So I don't have time to keep on following up on this shit. When I tell either the landlord or the property manager that there is a problem, then I need it fixed immediately.

I just did some research online about my rights as a tenant. Some of these laws I've read have loopholes you could drive an Abrams tank through. Anyhow, this is the product of my research:

I'm sending this via certified mail with a return reciept requested on Thursday.

Okay, I'm surviving on pretty low wages. I make less than 25% over the federal poverty line for a single person "family". My question is this: I think that the repairs are going to amount to more than 50% of my monthly rent payment (765 ILCS 742). I know that the leaky ceiling is in violation of both my city building code and the county building code. So, should I start looking for an attorney? If I have to report the problem to the city building inspector, I don't want to get illegally evicted (765 ILCS 740) and have to scramble to find a lawyer. I also want to know if my letter that I'm planning on sending is okay, and, if not, what I need to do to change it. If I can put off getting a lawyer, I can see about getting pro bono assistance through Prairie State Legal Services. If I should get a lawyer sooner, I need to know now so I can start hitting up friends and family for money to hire one, since I live paycheque to paycheque.

Thanks, folks.

Put you're rent into an escrow account 'til they fix it.

I dunno, maybe you should ask him a second time, before threatening legal action? I know it's a pain in the ass and all but shit dude. Chill out. It's a leaky roof, not a toilet spewing sewage. Sending him that letter might get him to fix the roof faster, but it's not going to get you on his good side, and it probably won't help any the next time something is wrong. Just call him up again and tell him that you're pissed.

absolutely. treat him like the human being he is - there could be any number of reasons why he hasn't gotten back to you. give him another chance and another call.

Exactly. Then sue him.

That's considered withholding rent, and it's illegal under state law.

I'm not threatening legal action. I'm threatening to get it fixed myself if that's possible under 765 ILCS 742, or to call the city building inspector over for an inspection. The reference to 765 ILCS 740 is to let him know that I've done my homework, so if he tried to evict me for calling the city building inspector, he can expect a legal battle that he will lose. I'm sending the certified letter so that there is a paper trail.

Besides, he told me he'd be over to get it fixed a week ago. He hasn't. That kind of shit really really really pisses me off.

He can't refuse to help me when something needs to be fixed. He has a legal obligation to fix the problems that are brought to his attention. It's what's called the "Implied Warranty of Habitability" and it has a firm precedent in Illinois case law. If he refuses to fix problems that need to be fixed, then I can have the repairs done myself, pursuant to state law, and deduct the cost of repairs from my rent, so long as the cost is uncer 50% of my monthly rent. If I am unable to have the repairs done in a manner that conforms to state law, I have the right to call the city building inspector to inspect the building and then compel repairs.

This is his other chance. He didn't keep his word when I called him, so now I'm going to send a certified letter to send him the message that I'm not fucking around. If you read the letter and look up the statutes cited, you will see that I am not threatening legal action. Legal action will come if he tries to evict me if I call the city building inspector.

I always keep my word, and so I have little patience for people who don't. If you are not going to do something, then don't tell me that you're going to do it. If you are at all uncertain, then use words like "maybe" and "might", so that way you don't create false expectations. He said he would be by last week to take a look at it. He wasn't. He didn't even call me to tell me that he couldn't make it. I'm sick of waiting, so I'm going to take matters into my own hands.

I can't sue him. I can compel repairs by getting the city government involved, though, which is going to be my course of action if he doesn't respond to this letter.

I was asking about finding legal counsel because I don't want to get slapped with an eviction notice and then have to scramble to find an attorney.

OK, insinuating that he could have legal troubles. Whatever.

And from what you've said he hasn't "refused" to do anything. He's just not doing it as quickly as you'd like.

yeah, have fun with that. sounds like you've already made your plan - even though i think you've gone a bit overboard a bit quickly.

good luck finding that free legal advice you're looking for.

Not following up within the time frame he specified = refusal to do anything.

Of course I've implied that he could have legal troubles. However, I'm not implying that they would be legal problems that I initiate. He has to try to evict me first, or, should I be able to repair and deduct, to collect the full amount of rent.

I have made my plan. My question was whether or not I should be seeking legal counsel now or if I should wait to see if my landlord tries to evict me for going to the city.

Try this

Rockford is not Chicago. Rockford isn't even part of Chicagoland. Chicago and the suburbs have ordinances that give renters more protection than under state law. Rockford does not, to my knowledge.

i'm beginning to see why your landlord avoids dealing with you.

This is the first real problem I've had. My previous landlord would start the ball rolling the day I brought an issue to his attention (and I had much fewer rights in that building). It's been over a week since I called him, and almost a week since he was supposed to have taken a look at the problem. I've been civil with him. It's gotten me nowhere, and I don't have the time to waste accomodating his negligence by playing nice. This letter will serve as a warning shot. I don't want to fight him over this, but I am not going to tolerate substandard living conditions. He should have sent someone to fix the problem the day after I called, but I decided I was okay with waiting for the rest of the week.

Of course, if he wants a fight, I'll give him one.

Besides, this is the first major problem I've had. I've talked to him maybe twice before this.

Well some landlords are slooooow or have other things going on but if it's damaging your stuff and you don't have full use of your apartment and it goes on for a looooong time then go to a lawyer.

Just because something is illegal doesn't mean there isn't a loophole or some way a lawyer can justify your actions in court, so basically do what you need to do.

Good luck.

I'm making sure that my shit is in order for if I need a lawyer by sending the certified letter.

As for using a loophole to be able to withhold rent, I've researched the matter. Legal precedent makes it quite the crap shoot. If I do this, my landlord will have legal standing to evict me unless I prove otherwise:

If I choose to fight that way, I risk losing. If I choose to fight by asserting the rights I have as a tenant renting an apartment in Illinois, pursuant to Illinois state law, I have a much better chance of winning. Believe me, I've thought about withholding rent, but it's not worth losing my apartment. Not yet, anyway...