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ANNOYING NEIGHBORS & BAD LANDLORD

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C

cgmgagjg

Guest
We have lived in a trailer in a trailer park for over a year. Our neighbors have lived there about 8 months maybe? They slam their door at all hours, their kids have hit our trailer with everything from paintballs to boomerangs. They have knocked things off the wall they hit it so hard. There are people banging on there door at all hours. They bang so hard it wakes me & my husband up. We have to infants 16 months, and 4 months they can not go to bed before 10 because the neighbors children play right by the bedroom window they bang on their toys, and yell all the time. We have complained to the owner of the park and he has told us he was going to make them move and never did. Everytime the have done something we call the owner, and he does nothing. We have not had a good nights sleep in over 6 months. They have made it so that we don't like to be home because we can't get any peace and quiet in our own home. They have basically destory my nerves, and I can not take their rudeness anymore. What can we do? Can we sue them and the owner for not doing anything about them?
 


T

Tracey

Guest
The IL Mobile home landlord tenant act is found in 765 ICLS Sec. 745. Here a couple sections that apply to your situation. I believe you get to break your lease, move, then charge landlord your moving costs. If you have to move to a more expensive park, you probably also get the extra rent reimbursed.

Good luck


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(765 ILCS 745/13)
Sec. 13. Tenant's Duties.
The tenant shall agree at all times during the tenancy to:
(a) Keep the mobile home unit, if he rents such, or the exterior premises if he rents a lot, in a clean and sanitary condition, free of garbage and rubbish;
(b) Refrain from the storage of any inoperable motor vehicle;
(c) Refrain from washing all vehicles except at an area designated by park management;
(d) Refrain from performing any major repairs of motor vehicles at any time;
(e) Refrain from the storage of any icebox, stove, building material, furniture or similar items on the exterior premises;
(f) Keep the supplied basic facilities, including plumbing fixtures, cooking and refrigeration equipment and electrical fixtures in a leased mobile home unit in a clean and sanitary condition and be responsible for the exercise of reasonable care in their proper use and operation;
(g) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
(h) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not effect or disturb his neighbors peaceful enjoyment of the premises;
(i) Abide by all the rules or regulations concerning the use, occupation and maintenance of the premises; and
(j) Abide by any reasonable rules for guest parking which are clearly stated.
(Source: P.A. 81-637.)

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(765 ILCS 745/21)
Sec. 21. Remedies, Tenants.
If the park owner fails to substantially conform to the lease agreement or fails to substantially comply with any code, statute, ordinance or regulation governing the operation of a mobile home park or the maintenance of the premises, the tenant may, on written notice to the park owner, terminate the lease and vacate the premises at any time during the first 30 days of occupancy. After the expiration of said 30 days the tenant may terminate the lease only if he has remained in possession in reliance upon the park owner's written promise to correct all or any part of the condition which would justify termination by the tenant under this Section.
Any condition which deprives the tenant of substantial benefit and enjoyment which the park owner shall fail to remedy within 30 days after having received notice in writing of such condition shall constitute grounds for the tenant to terminate the lease and vacate the premises. No such notice shall be required where the condition renders the mobile home uninhabitable or poses an imminent threat to the health, welfare and safety of any occupant.
If such condition was proximately caused by the willful or negligent act or omission of the park owner, the tenant may recover any damages sustained as a result of the condition including, but not limited to, reasonable expenditures necessary to obtain adequate substitute housing while the mobile home is uninhabitable.
The tenant may sue to enforce all Sections of this Act and the court may award damages or grant any injunctive or other relief.
(Source: P.A. 81-1509.)



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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.
 

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