Chicago, IL asked in Real Estate Law for Illinois

Q: renting from mother, no lease. can she kick us out and/or can we sue her

we're talking slumlord level. she won't fix up the place and we're not allowed to fix it with our own money. the electricity is not up to code, no central air, broken tiles in the bathroom, rotted wood underneath floor in one area, windows with no insulation. our fault in this situation is that we frequently are late with rent. we never not pay, but we are late quite a bit. she is a hoarder so her stuff is still in the house, though we cleaned it slowly over the years. when we first moved in we slept on a mattress in the living room floor because that was the spot we were able to clean. she threatens to kick us out on the regular. would love to move out forever ago if not for not being able to afford our own place. where do we stand if she actually gets to the point where she decides to kick us out or if we are done with her and want to sue for the condition of the house and how we are overpaying her to live in squalor.

Related Topics:
1 Lawyer Answer
Robert Shipley
Robert Shipley
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Fundamentally, if you do not have a written lease, you can provide 30 days notice and then vacate. The landlord has the responsibility to provide a habitable apartment and of course you have the obligation to timely pay the rent. Perhaps the landlord's attitude is that they are being reasonable by accepting the continually late payments. But that should not excuse the landlord's responsibility which is to make the apartment habitable. You mention not being able to afford the rent, but I am presuming that if you look for other apartments you will be available to find one in your price range. If the apartment is as bad as you describe, then your best option is probably to move.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.