Posted by Sue on 1/14/06

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My son (Lessee #1), signed a lease with a friend (lessee
#2) with the understanding that when another friend
(lessee #3) completed Boot Kamp in 2 months, he would join
them on the lease. The landlord was in compliance with
this agreement. Lessee #1 & #2 agreed to split costs in
half until lessee #3 moved in and then a new lease would
be signed and costs would be split in thirds. After lease
was signed by #1 & #2, the landlord made a verbal
exception to the NO PETS clause for #2 with the
understanding the dog was housebroken. The dog is not
housebroken. #2 is irresponsible pet owner by not taking
the dog outside in a timely manner, he does nothing to
clean up messes the dog makes in the house, leaves food on
floor for dog to get into which causes diarrhea, he owns
no vacuum cleaner to clean up after this long-haired
shedding animal. When #3 returned to town, #2 had his
bedroom filled with boxes and there were doggy piles
throughout. #2 did not respond to several request to get
his stuff out of #3’s room and clean it up. As a direct
result, #3 did not sign the lease, nor did he move in.
The landlord has been advised by #1 that the dog is not
housebroken, but landlord did not request the dog be
evicted. Other problems with the landlord include:
Plumbing problems were not dealt with in a timely fashion
and #1 brought equipment and supplies to try to repair
problem himself. When the plumber finally was called in,
it was apparent the problem had occurred before. The
property is not maintained in a suitable fashion for
Midwestern winters. The windows have visible gaps that
allow valuable heat to escape and there is a breeze so
strong, that a candle cannot not stay lit. This house is
heated with expensive propane. The landlord said they
would “work something out” with regard to the expensive
heating costs, but have not done so. #1 provided supplies
and labor to put plastic over all windows to seal them as
best he could. Do you think #1 can claim constructive
eviction in Illinois?

Re: constructive eviction, 1/15/06, by John.

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