Common Conditions FAQ: Can I Sue My Landlord Because of the Conditions Problems?
Yes, a tenant has grounds to sue a landlord because of the conditions of their housing under Section 23.1808(D) of the Mount Prospect Residential Landlord and Tenant Regulations.
- If the Village of Mount Prospect finds a code violation, a tenant may give a 7-day demand letter for repairs to the landlord.
- If the landlord does not make repairs within 7 days of receiving the written notice, then the tenant can withhold a portion of rent. A tenant can not withhold more than 75% of the monthly rent.
- If the landlord still fails to make repairs within 21 days after the end of the 7-day period, then, the tenant may recover money damages and obtain a court order (injunctive relief) for ways the landlord has violated the lease and law.
The tenant can either file their own lawsuit or consult a private attorney for this affirmative action.
But, if the tenant or someone on the premise with the tenant's consent caused the problems, then the landlord has a defense.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.