Posted by Diana on 6/12/09

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Since July of 08 i've had lawyers arguing with my landlord
and their attorney's in regards to fixing up the house. I
complained that the deck and loose boards that were
dangerous for my children? The landlord ripped up the deck,
told me, "is that better?" and left. No deck was ever
replaced. There are many other things that need to be
fixed. She rented me the home (she's a real estate agent)
stating it had forced air heat and central air I saw the
house once at night, and it had neither, the MLS listing
stated it had these things. It does not have either.

The more serious situation is 4/09 there has been some
serious leaking in our ceiling in our living room the
ceiling is actually falling down, my lawyer sent a new
letter to the landlord, and we told her we thought that we
could smell mold upstairs because there was a leak in my
daughter's closet. She said she wouldn't fix it, but she'd
provide me with a window air conditioner unit. I sent
another certified letter 4/25 begging her to please come
have the roof and find out where this mold smell was coming
from...

I hired a home/mold inspector certified and bonded by the
state of IL to come out on 5/22 to do a inspection, he found
a whole in the roof where raccoons were living. He pulled
back all the clothes and moved the dresser in my daughters
closet. It was shocking the water damage is so bad and
there is mold growing everywhere, he tested it there and in
my 2 year old's room as well, its not black mold, but its a
type of mold that can cause pulmonary ephysemia and skin
infections as well as acute athsma.

I fear for my kids safety, I called the landlord immediately
and she told me never to call her again and hung up on me!
i have a full report with lab results.. I want to move out
as soon as possible by the end of the month, my lawyer told
me that we should write a certified letter claiming
constructive eviction.

Or just saying that she is in breach of lease (it states all
repairs to be made within 30 days) and has made me cut down
the use of my home down to the master bedroom, kitchen and
living room. And therefore if she does not fix all these
issues in 3 days, that we will be vacating the premises.

Do I have to even give her 3 days? I stupidly signed a 2.5
year lease, starting 11/07 to 5/2010.

Help!

Re: Constructive Eviction?, 8/24/09, by J.Martinez.

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