Real Estate Law Expert Needed Fast!

It looks like you're in Evanston. These links may help:

http://www.cityofevanston.org/departments/humanrelations/...

http://www.renters-rights.com/html/evanston.html

Good luck! You should definitely get some advice before proceeding.

THAT is not a good situation. Very frustrating and energy draining. I am sorry to hear about your troubles.
You got some very useful responses here already.
You can also get help at www.freeadvice.com, you can also call www.administerjustice.org. I love that organization.
Awesome knowledgable people!

P.S.:
Not knowing all the circumstances I am thinking in general it is not right to always bash the landlord. He /she is sure not happy to loose the property and might face financial hardship her/himself. Sometimes people need to look at the bigger picture and not judge right away.

Jen's URL had helpful information. Page 7 lists your options under "5-3-7-4 Wrongful Failure to Provide Essential Services"
1: Tell landlord (in writing) to fix. If not fixed within 7 days, you can break lease;
2: Pay for fixing it yourself, and deduct from all future rental payments;
3: Have landlord refund rent paid (Well, the difference between what you're paying, and what is fair market rate for the apartment lacking "essential services") and attorney's fees
4: Find alternate housing, and landlord is responsible for paying for it (up to the amount of your regular rent), and attorneys fees if a suit is required to get the money.

#3 & #4 both seem to assume that the rent has already been paid, and that then things went bad, and you need to get your money back. It sounds like in your case you haven't paid yet.

Another source says:
http://www.weblocator.com/attorney/il/law/resreal.html#250

" Withhold Rent
If there is a serious problem in a unit, the renter may withhold rent. Under extreme circumstances, the tenant may withhold rent and claim constructive eviction. This means that the rental unit has become uninhabitable because of the problem; in effect, the landlord has evicted the tenant by failing to make the unit livable. Before withholding rent, the renter should notify the owner, in writing, of the needed repairs and give the owner an opportunity to make repairs. If the landlord does not make repairs, the tenant should notify local inspectors, as described above, and get a written copy of the inspector's report. If repairs still are not made, the tenant should notify the landlord, in writing, that all or part of the rent will be withheld until repairs are made.

If the tenant is claiming constructive eviction, he or she must prepare to leave the rental property within a reasonable time after withholding rent. **The tenant cannot stay in the apartment or house without paying rent and claim it is not livable.** Illinois recognizes the failure to remedy certain problems as a breach of the warranty of habitability. The tenant would have the right to claim constructive eviction under any of the following circumstances:

* No heat
* No water or no hot water
* Electricity, gas, or any other utility shut off
* Flooding
* Leaking or damaged pipes or other plumbing fixtures
* Landlord changed or plugged locks
* Pests
* Lead-based paint hazard
* Fire damage

Withholding rent is a drastic step that should only be taken if the tenant has a strong case against the landlord. "

I would not pay the owner anything (he will just be pocketing the money not paying to get heat on in your house but instead I would put the money in an account set up just for this purpose. You could be asked to move at a moments notice and unless you are taken to small claims court your house is not habitable.
If you do not pay he will have to take you to eviction court. Document everything that is going on by certified mail and in a small notebook. Also document how the sink and dishwasher are with video. Next to the item you are videoing place that days newspaper. Make sure the date can be seen in the video. this documents the date. the owner can not claim that it just happened. You can also do picture using a date stamp and the newspaper.
First send the owner a certified letter stating the problems with the house. If he says you need to pay say, I have set the money aside for when the heat is turned back on and the problems are fixed. ((I would not pay him)) Even if he the heat get turned back on the money owned would be prorated. When you set up the account at the bank, tell the person that helps you set it up what the problem is because you do not want to tie up your money in account that you can not close in a month.
Eviction can take up to 3 months. He has to serve you with an eviction and then it has to go to court. Then there is a set amount of time for you to get out. You need to stand firm, do not give into his tactics. If he does give you 30 days notice you will need to get out at that point but you can sue for the return of the security but don't hold your breath.
If you know the bank where the mortgage is you can contact them but i would not even pay them until the heat is back on and items are repaired. You are paying for a habitable house and you do not have that. KEEP YOUR MONEY - BUT PUT IT IN AN ACCOUNT.
I actually have never be through this myself but have read about it and we have friends that own a lot of rentals. I also have seen these things on People Court. the part about using a newspaper to date your video. Good Luck

Please go see an attorney...you are living in a nightmare!!!!

I beleive there is a law in either Chicago or Ilinois that says banks can not evict tentants until March so regardless if the bank comes knocking or not, I don't think they can evict you. As far as paying your landlord, he filed bankruptcy, so I wouldn't bother paying him a dime, as that money will not be going to pay for the mortgage. Keep it.

You might even want to try a local housing group or a tenants union to check your rights.

7 years ago I worked for a lawfirm called Seraphin & Seraphin in St. Charles. They are very good attorneys and work in the real estate field. Their # is ###-###-####.

Good Luck. K.

Contact your city/village Code Enforcement. They cannot do that to you. They have to keep the house in repair, or else you will have to move.

My husband is a real estate attorney who used to work for one of the bigger foreclosure firms in Chicagoland. He can definitely advise you from all angles and point you in the right direction.

He does have a closing downtown this afternoon but if you email him he'll get that in his phone and will call you if he has some downtime.

Mark Watychowicz / ____@____.com / ###-###-####

From my understanding...you can contact the bank and see if they will negotiate with you. Depending on the situation, they may allow you to stay and assume the mortgage if you qualify.

Since the landlord is not providing sanitary/healthy living conditions, personally, I would consider telling them that you will call the police, since as a landlord they are obligated to keep the house in working condition and keep it from becoming a hazard to your health.

If you live in the City of Chicago, you should call the Metropolitan Tenants' Organization at ###-###-####. They provide free guidance to renters in the city including: templates of letters that you can send to your landlord, if you have the right to terminate your lease and the legal methods in which to do this. They can also refer you to an attorney if need be. The service is free. They are only available from 1:00 - 5:00 M-F and it is hard to get through right at 1:00, but keep trying. Their service is tremendously helpful.

Chicago has a service for renters who have these issues. Someone else mentioned a similar service in Evanston. So, where ever you are, you can check the citys' website, etc.

'm not a real estate expert but have heard of similar situations and I suggest you call the Board of Health and report the conditions. Call the Mayor's Ofice and they can put you in touch with the appropriate dept. that can help you. Even your alderman might be able to help or give you some suggestions as well as City Hall. If it were me I wouldn't pay any rent and take that money and move elsewhere. Also, call Legal Aid and get some advice from them.....they're free.

God Bless you and your family and let me know if I was of any help.