If rental unit is unlivable, get city involved
Q. I rented the lower level of a house in Naperville about 18 months ago. There were some mice early in my leasing and I thought the situation was remedied when I placed bait and traps down. That was in December or January 2015-2016.
Recently I had to contact my landlord regarding not only mice but mold. I had a lab report completed after having three of the six mold areas tested. The tests came back as positive for fungal mold and two other types. The other areas are under carpet and in walls.
The mice are back and bad. I sent the photos to the city along with photos of the mold and emails from my landlord telling me if I don't like it get out and that I would owe no rent. My health is bad now because I suffer the symptoms of exposure to mold. I cannot breathe because the odor of the mice droppings is not tolerable. I wear a mask. I am struggling to move. I am on Social Security disability due to a work-related injury but I am in a course at college and hoping to return to work in a new area.
I want to know what are my legal rights? Can I demand rent back?
A. You indicate you sent photos of the rodent and mold situations to the city. Was there a response? Did they contact the owner?
If you have not heard of any action yet taken by the city, I would travel to the village hall and ask to speak to someone in the building department. If they have contacted the owner, what, if any action has been taken by the owner in response and by the city to follow up.
Many cities and villages have local ordinances that address these types of issues. Obtain a copy of the city ordinances to determine if your owner is in violation of one or more ordinances. If so, ask the city to cite the owner for the violations.
Given the situation, it appears to me it's time to move. Take lots of pictures and retain your reports in case your owner elects to pursue a breach of contract action against you for unilaterally terminating the lease.
As for recovering prior rent paid, that's likely not going to happen without you bringing a lawsuit against the owner. This would probably not be cost effective. Probably it is best simply to find new living arrangements and move on.
Q. I am considering renting my townhouse. Being a very picky person, just how far can I go legally to ensure I have the best tenant. Race, religion, ethnic background do not matter but an excellent credit report along with a background check are important to me.
I want no pets, no children and a maximum of two people because it is a one-bedroom unit. Is this possible? Would it be different if I rented it myself or used a Realtor?
A. I see nothing illegal in demanding a good credit report or performing a background check. Not allowing pets and requiring a maximum of two tenants is also not an issue. I would, however, hesitate to advertise no children as this could be deemed a type of age discrimination.
No, none of this would be different if you hired a real estate agent or rented the property yourself.
• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.