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Water Damaged Apartment / Uninhabitable - help

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tunechick

Junior Member
What is the name of your state (only U.S. law)? IL

Our apartment suffered water damaged due to a pipe breaking in early Feb - which we found to be landlord negligence (they knew of pipes freezing a water prior and did nothing).

After two days of living in a water soaked apartment with only two rooms dry, and with working lights only in those rooms (the water came from two stories up all the way down to the first floor, we were on the second) we were finally offered a hotel room. The cheapest possible, which later had a drug bust!

We were told that the repairs could take 3 to 6 months and we just needed to "settle up" and find somewhere new to live, and even when it was repaired we could come back but not our cat due to them installing new carpets (our cat has been fixed and declawed for over 3 years and allowed in the lease).

Our lease doesnt end until July, and we have now found a new place to live but cannot get our landlord to return the rest of Febs rent (as stated we have rights to in the lease), nor give us a note confirming the issues of a uninhabitable apartment and we no longer owe them money unless we send them a letter stating we want to break the lease. Is this all legal? How can we write a letter stating we want to break the lease when we in fact had no choice but to get our stuff out and find somewhere new to live within a mere week?

For the first week we were at the hotel. Now as said, we have a new apartment but we did have damage to our belongings as well as had to pay for storage now (rather than store items in our garage we had with them which we were also told we had to get our items out of), and for uhaul. Shouldnt they have paid for our damaged items and moving expenses since this was on them?

Please help. Thanks.
 


FarmerJ

Senior Member
Did you get a report from a city /county building inspector that says the unit is condemned ? If not that do you have pictures of the current condition of the apt ? If you cannot live in the apt for 2 to three months there is no way your LL can hold you to the lease get inspections report & pictures of the units current condition and use them in court to back up your claim that LL owes you deposit refund and partial rent refund when you do sue in small claims court. Do you still have keys ? if so go get pics & try to meet up with building inspector and let them in.
 

atomizer

Senior Member
Has your LL been paying your hotel bill? Have you checked your lease for a clause whereby if the apt is uninhabitable the lease is terminated? Do you have renters insurance? If your LL is paying your hotel bill, he does not owe you anything.
 

tunechick

Junior Member
We have photos as well as video throughout the whole ordeal. The building inspector actually came out and shut them down so they cannot do anymore work in the four apartments that are damaged - they didnt even have a permit to do ANY work.

Our locks was changed before the month was up, and right after they saw me checking the mail one day and they had NEW drywall in there, putting it up over mold damaged studs. The apartments were / are literally gutted to the studs and you could see the outer brick walls and some old moldy insulation (insulation that was pink, should not be black, correct?).

To make matters worse, the top apartment is partially gutted with no kitchen, nor plumbing and they are still renting it to tenants without offering them any other options.

The thing Im questioning, is do i get a letter of termination from them before i do anything through legal? Should I send them a letter requesting to break the lease? I am thinking no... but unsure.

Thanks.
 

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