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Landlord/Tenant Issue Illinois

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loafman

Junior Member
I have an issue with a former landlord.
I agreed on August 1, 2007 to a one year lease in which he actually messed up and wrote on the lease aug 1 2007 to aug 1 2007 to technically the lease was 24 hours.
Anyways, we moved in, and got settled and started to notice that he never came around and getting things fixed was rather difficult. We fast forward to November of 2007 when we noticed the electric bills getting up around 300 dollars per month or so. Needless to say, we found out that our landlord knew about an electrical malfunction in the main elec meter boxes outside our 4 plex. They FINALLY got it fixed 3 months later and my electric bills immediately dropped. Again, fast forward to December 22, 2007, our fridge went out and we lost 250 dollars worth of groceries that we had jammed in there because we were preparing for family to be over.
September 14, 2008, the day of flooding.
Hurricane hit in the south and made it rain a bunch up here. Our basement flooded because the bell part on the floor drain failed to not let water in from the sewer below and sewage water came up to the sum of roughly 9 inches all the way across my basement. I forgot how much I had to throw away, but it was ridiculous.
The important part about this as well is that renter's insurance wouldn't cover it cause the building failed, not a flood... If the drain worked like it should have, no water would have come up. Landlord offered us no help or anything except a small note and his on the phone explanation that he gets 90 days to fix any problem according to the lease..
We found a new place in October and I decided that since they had not tried to help us on anything that I would withold from the the rent in attemps to be sure that they would fairly settle my balance owed for 3/4 month rent, minus deposit, minus 140 dollars for working for them 14 hours cleaning up my own basement. roughly 350 dollars is at play here and he is taking me to court for money equivalent to 1100 bucks.

when i was finally served, the summons affidavit part is signed by him stating that this is for rent owed from september and october.... so, since september's check cleared, would i have a shot at moving to dismiss based on false statements on the original form?


i am struggling with this issue and i go to court on friday at 9am.. any help would be appreciated....
 


Hot Topic

Senior Member
How was it the landlord's fault that the refrigerator went out? I'm not being facetious.

I assume you got something in writing from an expert confirming that there would have been no flooding during the hurricane had such and such been done.

Did your lawyer tell you that you were within your legal rights to withhold rent?
 

dolebot

Member
he actually messed up and wrote on the lease aug 1 2007 to aug 1 2007 to technically the lease was 24 hours.
An obvious typo. Most judges would still consider the lease in effect.

would i have a shot at moving to dismiss based on false statements on the original form?
The judge would subtract septembers rent from the amount owed.

I decided that since they had not tried to help us on anything that I would withold from the the rent in attemps to be sure that they would fairly settle my balance owed for 3/4 month rent, minus deposit, minus 140 dollars for working for them 14 hours cleaning up my own basement.
A terribly bad move on your part. Its almost never advisable to withhold rent. I don't know IL law but in FL in a case like that you file a lawsuit, then pay the rent to the registry of the court. The judge decides who gets it.
 

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