Breaking lease...breech of contract

[lauras2u]

What is the name of your state? Illinois

Does repeatedly refusing to repair a rental property put the landlord in breech of contract? I am tired of fighting to get things repaired.

How do i sue the ll to get out of this lease...i want damages too (moving expenses). The property is not in violation of any ordinances now...i did repair and deduct twice but i am not getting the house i contracted to rent.

 

[ecmst12]

Moving would be a risk. You don't sue - you GET sued for breaking your lease and then present the lack of repairs as your defense. If the repairs don't constitute an uninhabitable dwelling, it's likely the court won't find you justified in breaking your lease. If repair and deduct is allowed per your state laws, keep doing that until your lease is up. Or ASK to be let out of your lease - and get it in writing if LL agrees.

 

[lauras2u]

sorry i wasnt clear...i would like to go to court and get the lease nulified then move due to her negligence

 

[reenzz]

In court your would need to prove two things.

1. You notified the landlord, in writing, of repairs needed

2. Lack of repairs caused the apartment to be un-inhabitable

I doubt you will be able to get out of your lease nor be able to recover moving fees since you, yourself state that there are no violations.

The court will not nullify your lease...the most a court will do is allow you to terminate your lease...but with info provide, I can't see that happening.

 

[lauras2u]

it is not in violation of any codes, it would be but i repaired and deducted twice. I have written her informing her of all the repairs needed.

I am not getting what i paid for, shouldnt there at least be a rent reduction?

the floor tiles are coming up in many locations (she was informed of this the day we moved in)
the air conditioner doesnt work
the washer, part of the lessed properties doesnt work
the roof is leaking over the master bedroom
the attached garage has no lock on the large door...she told me i should install an automatic opener...she took hers out when she moved
there is broken electric sockets

....more

I didnt rent a tenament i am paying good rent for a house which needs repairs. I do not want to live thru the summer not sleeping cus it is too hot out....yes i could toss my own money at the place but why should i? It seems clear to me she is negligent.

This is a bait and switch...she put pretty bows on the place and hid the defects