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04-14-2008, 09:12 PM
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Join Date: Apr 2008
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Breaking a lease
I spent a good deal of time earlier today trying to get a hold of someone at a local tenant rights group to no avail. Perhaps someone here might be able to help.
Two weeks ago, to the day, my apartment was burglarized. When my brilliant landlords remodeled this place, they decided to install a backdoor with two heavy deadbolts and a GLASS window. The Thief simply shattered the window and let himself in. My landlords did show up the following day to cover up the broken portion of the window with thin plywood. They still haven't replaced the door.
I've called them a dozen times since about getting the door replaced, but they've only answered once and refuse to return my calls. Of course, when I do talk to them, they swear they will have it done tomorrow.
A number of people in my building got hit and my landlords seem to know something about the guy who might have done it. The day before this happened, A tenant who had lived in my apartment years ago was seen by them looking into peoples windows. By the way, this guy was arrested in my very apartment for dealing drugs and was recently released from prison.
They refuse to even talk to the police.
Friday night I scared off a prowler, and now every time I go to work I have to worry about whether this guy is going to return for my heavier items(TV/Computer/Laser Printer/etc...). I've installed bars on my windows, but with the door the way it is, he'll just come back in the same way.
I have had countless other problems getting these people to perform simple maintenance, the interior hallways reaked of sewer gas for three months before they did anything about it. There are other code violations, despite assurances, they stopped remodeling the place once I signed the lease.
I've been told that the 14 day mark in regards to the door repair entitles me to break the lease without penalty. Is this the case? Really, at this point I just want the hell out of here.
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04-14-2008, 09:26 PM
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Moderator
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Join Date: Mar 2007
Location: Chicago
2,481 posts, read 2,067,219 times
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I'm sure you tried this:
Metropolitan Tenants Organization - Chicago, Illinois
Basically, I wouldn't break the lease without consulting an attorney, just to be sure.
Also check out Metropolitan Tenants Organization - Chicago, Illinois
It talks about the required locks, etc
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04-14-2008, 09:51 PM
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Senior Member
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Join Date: Dec 2007
Location: chicago
390 posts, read 261,111 times
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I've broken several leases without even worryin bout it. If landlord know he's in wrong he aint going to come after ya cause he knows hell lose and lose the countersuit. Not advocatin that, just statin personal exp. I've found that if they know they're in wrong, they'll just take security dep and leave it at that.
Had to do that in denver. The water based heat system stopped workin and kept fixin and havin it break. I just left. Never heard a word from em cause they knew they had no leg to stand on.
Just be prepared to go to court if need be. Take pics, record dates, if ya used cell phone, keep phone records.
Again, just how I handled it (of a couple times). Not advocating it at all.
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04-14-2008, 10:50 PM
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Thanks for the advice. I've contacted a tenant rights lawyer and based on his website it looks like legally breaking a lease is ridiculously easy in this city. My only worry is that my landlords might actually take care of everything right away when faced with a potential loss of revenue. And I've found a really nice place in River North in the same price range.
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04-14-2008, 11:03 PM
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Location: chicago
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Just threaten use of lawyer and suit. Comes down to it it aint that hard to file. Do it on your own just have proof and dates. I'd just call landlord and say let me out of lease or ill sue. Ifya don't and try and fix probs ill still sue for damages. They'll let ya out. It aint worth their time or legal fees.
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04-15-2008, 12:48 AM
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I'm not a lawyer and I don't like to tread on their turf.
That said, I have been both a landlord and tenant - neither requires sainthood. It is a hassle for both parties at some level.
Ask the guy if he wants you as a tenant. I'd surprised if he says "no -- move out". If he has a cheap or worse, vicious, lawyer you don't want to break your lease without something REALLY serious to move out over. A landlord does not have to replace a door if they made it as safe as was before the break-in. {think about it -- you rented the place with glass in the door, if they put plywood in it, no matter how thin that is technically stronger then the glass...}
Heat is an easy one in Chicago -- no judge is going to make somebody pay to live in a meatlocker. Other than that...
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04-15-2008, 09:08 AM
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Location: South Side
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Before you do something rash, check on the circuit court clerk's website to see how many lawsuits your landlord has filed against tenants. That's a good barometer of how far he will take it and if you will land up in court.
I'm a lawyer and I think that breaking the lease could leave you very vulnerable to suit.
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04-15-2008, 09:13 AM
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Sayer of true stuff
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Join Date: Oct 2007
Location: Wicker Park, Chicago, IL (finally!)
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I'm not going to move this because it is Chicago-related, but I'd also suggest posting this in the renter's forum. There are a lot of really knowledgeable people who hang out there.
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04-15-2008, 09:37 AM
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Quote:
Originally Posted by dragoro
I've broken several leases without even worryin bout it. If landlord know he's in wrong he aint going to come after ya cause he knows hell lose and lose the countersuit. Not advocatin that, just statin personal exp. I've found that if they know they're in wrong, they'll just take security dep and leave it at that.
Had to do that in denver. The water based heat system stopped workin and kept fixin and havin it break. I just left. Never heard a word from em cause they knew they had no leg to stand on.
Just be prepared to go to court if need be. Take pics, record dates, if ya used cell phone, keep phone records.
Again, just how I handled it (of a couple times). Not advocating it at all.
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I disagree with this 100%. NEVER break a lease and assume it would be OK. My boyfriend's an attorney and has a client right now how is being sued for breaking his lease. They went to small claims court today. If your landlord wants to go after you, he will, and most leases say that you are responsible for both his and your attorney fees. I would keep records of everything, including giving your landlord written notice, and keep in contact with an attorney.
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04-15-2008, 10:00 AM
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Senior Member
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Join Date: Feb 2008
Location: Humboldt Park, Chicago
1,435 posts, read 880,623 times
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Breaking a lease
I am a landlord but will acknowledge that Chicago laws are written in favor of tenants. Breaking a lease is really easy, especially if you have poor credit.
For those with good credit and those looking to recoup their security deposit I do not advise it. It also depends on how legalistic your landlord is.
In my area, Humboldt Park, most of the tenants are poor with bad credit and no assets to go after. Pursuing them in court is a losing battle for a landlord. I had to go to court and it still took 4 months to get them removed by the sherriff.
You seem more educated and probably more affluent than most of my renters so I will assume you have something to lose by breaking the lease.
You should threaten to leave unless repairs are made and threaten to sue the landlord for failing to fix the place. You should also threaten to sue unless you are refunded your security deposit in full (good luck with this one, especially with shady landlord).
You can stay but I would personally just move on. When is your lease up?
Be careful with this kind of landlord as they will most likely come up with BS reasons to keep your deposit. This happened to me 6 years ago when I rented an apartment and they charged me with damage that was done before moving in. Tenants to protect themselves should take pictures of the place prior to move in. Landlords do to protect themselves in many cases.
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