Chicago, IL asked in Real Estate Law and Landlord - Tenant for Illinois

Q: I live in a 31 floor high rise building in river north Chicago owned by a management company.

Because of an error the developer made all balconies are having to be replaced in a 3 year old building. The drilling and construction has been going on for months and is unbearable in a work from home environment. What are our tenant rights in the situation (concessions, lease cancellations w/out penalties etc)

1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: The lease would have to be reviewed to determine what rights you may have as a tenant give the circumstances you describe. If the work has interfered with your ability to live in your unit without disruption there may be a basis to claim constructive eviction and terminate the lease on that basis. Typically constructive eviction is a successful option only when the tenancy has been completely disruptive.

I recognize from your description the construction noise is significant, but only during the day, so this disruption may not be enough. I would encourage you to speak to the landlord and determine if they are agreeable to a temporary modification. If other tenants are in the similar situation, which I assume, then collective action may be more successful.

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