Mount Prospect Conditions: Rights After Fire or Casualty
When renting a home or apartment, it is important to know rights and responsibilities as a tenant in the event of fire or casualty damage. If the dwelling unit or common area is damaged or destroyed by fire or other disasters, the tenant has several options.
Options Based off the Mount Prospect Residential Landlord and Tenant Regulations
- Immediate Termination of Rental Agreement: The tenant can immediately vacate the premises and notify the landlord in writing within 14 days of the tenant's intention to terminate the lease. Then, the lease termination date is the date of the fire or disaster. Afterwards, the landlord must return any security deposit within 45 days.
- Vacate Part of the Dwelling Unit: If continued occupancy is lawful, the tenant can vacate any part of the rental property that is unusable because of the fire or casualty. In this case, the tenant's liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit.
- Accept Alternate Housing Provided by Landlord: But, the landlord is not required to provide alternate housing.
NOTE: A tenant cannot exercise these remedies if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of his family or a person on the premises with his consent.
Does the landlord need to compensate me or find alternative housing or moving costs?
No. The landlord is not legally required:
- To transfer the tenant to a different unit or building;
- Pay for substitute housing while repairing the damage from the fire or casualty; or
- Pay for moving costs.
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