Re: constructive eviction

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No

On 1/14/06, Sue wrote:
> 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?