appartment is filled with smoke and appartment complex not compliant,help have baby

Okay, here is my problem, would appreciate quick advise. I am from Illinois.

We moved in two months ago. The bathrooms had a faint smell of smoke in them. We have a two bedroom. We are paying nearly 1000 a month which is on the higher side for appartments in the western suburbs of Chicago. Our appartments are advertised as luxury appartments. We are part of a complex, we don't have a private landlord. I noticed the cabinets also smelled like smoke and various parts of the house. The bathrooms were awful however, and one we keep one bathroom closed off because the smell eminates through the house. Apparently, the previous tenants smoked, and smoked heavily in one particular bathroom. The complex has sent people out several times to no avail. They have tried painting the bathroom, cleaning the ducts, they finally replaced the ducts in the bathroom. In the end, however, the smell is just as heavy as ever and it is unbearable, it smells like an ashtray in various rooms (the bathrooms and in the cabinets) The most they are willing to do at this point is transfer us and waive any fees that would be incurred such as electric and new phone hookup.
However, these things are taken for granted, THEY AREN'T DOING US A FAVOR, they are responsible for the fact that their "luxury" appartment smells of smoke, they have to do this. we are living is unsatisfactory and a potenitally dangerous environment . They won't pay for what we need which is the move. We want to move to a new appartment in the complex, but they will not cover this. I think this is unfair because we already did the big move, paid the big bucks, all on the assumption that we were getting a decent appartment. Are they liable , meaning should they have to pay for the move? Please help me I have a little baby and I don't want her in all that smoke.

This place is not up to par in various ways, the air conditioner is falling off the wall, the doors are chipped and the cabinets need varnishing. What is my legal recourse, or what can I bring up to them in a meeting on thrusday.

thank you very much.


Cathy

Pay for the move to the new apt, then sue them for reimbursement. Be sure you don't sign any waivers as part of the transfer to the new place. Sue them for breach of the warranty of habitability & failure to repair in a timely fashion, because the smoke makes you/the baby ill. Small claims costs about $35 in IL.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. tmeek@uswest.net

THIS IS CRAZY, DID YOU NOT GO IN THE APARTMENT BEFORE YOU RENTED THE PLACE OUT? AND I DONT THINK AFTER ALL THAT WORK THEY DID THAT IT STILL SMELLS AS BAD OR WORSE, COME ON NOW! IF YOU WERE SMART YOU WOULD HAVE WENT IN THIS PLACE BEFORE YOU RENTED IT OUT AND YOU WOULD HAVE SMELLED IT THEN AND THTAT'S WHEN YOU SHOULD HAVE SAID, I'M NOT MOVING HERE B/C OF THE SMELL!
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Pay for the move to the new apt, then sue them for reimbursement. Be sure you don't sign any waivers as part of the transfer to the new place. Sue them for breach of the warranty of habitability & failure to repair in a timely fashion, because the smoke makes you/the baby ill. Small claims costs about $35 in IL.

<HR></BLOCKQUOTE>

You obviously have never tried to get smoke smell out of walls, friend. The only way I can be sure I get all the smell out is to strip the room down to bare walls AND floor, seal the ceiling, walls, and floor with Kilz, then paint, lay new pad & carpet, wash the curtains twice & replace the venetian blinds. See why I don't allow smokers in my rooming house? I can't get all that done in a single day! Sometimes I don't notice the smell until I've been in the apt for 15 minutes or so, depending on whether the windows are open or not. Besides, some of us are allergic to smoke & get migraines just from being near it..... (outdoor restaurants are hell)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. ppls@qwest.net - please include some facts so I know who you are!