How canIget out of my lease if my condo has flooded 4 times with sewage water?

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How canIget out of my lease if my condo has flooded 4 times with sewage water?

My landlord has hired plumbers to snake the drain. The Association of the complex is now taking care of a plumber coming in. I have had to wait up to a week for plumber to come. This is the 4th flood and it is so bad the carpet is saturated and sewage is seeping through the bathroom tiles. The village informed the landlord that he is in violation of not having a rental license. My landlord is now angry with me. Can I get out of my lease due to the unit being inhabitable? Or because my landlord does not have a rental lease? Or is there any other option?

Asked on September 12, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read your written lease with your landlord for the rented property in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. Read the agreement carefully for a basis allowing you to end the lease.

If you are on a month-to-month lease, serve upon your landlord a thirty (30) day termination notice. If you are not then consider having the local health department inspect your rental for habitability issues.

The laws of every state require the landlord to provide safe and habitable rentals to his or her tenants. The sewage back up is a major habitability issue. If the public health department cites the landlord for this, then you will have a much easier time ending your lease due to uninhabitable conditions.

Last option is for the landlord to sign an agreement with you ending the lease as of a certain date.

Good luck.


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