We live in an apartment and our neighbors are RIDICULOUS! They have lived down the hall from us since May. All summer I couldn't take my daughter outside to play because the guy neighbor had all his underage friends outside drinking and smoking weed. He's 27. They have parties all the time, sometimes all night long. They stand outside on the porch (right under my windows) and get drunk and start yelling at each other. They constantly throw empty beer cans and cigar insides and wrappers and litter on the ground outside. They have a constant stream of people in and out of the building all day and night. We have been woken up countless times- either by the noise or someone coming to see them and ringing our buzzer (in the middle of the night). A few weeks ago two of them got arrested for fist fighting- first out in the parking lot and then in the apartment- at 4AM. It has been a nightmare since they moved in!
We have complained to the office countless times, called the police at least 4 times, and I know of three other apartments that have complained to the office and called the police on them- one being the maintaince man for the complex. We've tried talking to all 4 of the adults who live in that apartment and they just don't care. The office has talked to them a few times but it made no difference. In fact the office told them who complained (named names- including mine). And a few nights later my daughter and I were standing outside on the front walk and one of their guests shoved my 4 year old and I with his shoulder. I called the police and they told him to stay off the property- he still is here every day and no one has done anything about it. The office told me about a month ago- just call the police- there's nothing we can do about it (WHAT?!).
So last straw- yesterday their electric got shut off so last night they ran an extension cord from their apartment to the outlet in the hall. Can we say fire hazard?! Plus my daughter went running down the hall after me and tripped over the cord- she's fine but it could've been different. The girl who lives there called me tonight to ask if I had just called the police because her boyfriend saw me in the hall with my cell phone looking at the cord. (I didn't). She then tells me that the maintainance man already told them they couldn't do that and if they get caught doing it again they will get in trouble (because they so followed through before with them). So they just waited until the office closed and plugged it up again. She then tells me they are just waiting for the guy who lives next to me to get home so they can plug the cord in his apartment (still a saftey and fire hazard issue to have the cord running across the hallway). This is crazy. And we really don't have a choice. We have to finish out our lease here (which is up in like 4 months) so we're stuck with this.
What can I do? The office doesn't seem to care at all and the police don't really do anything either. When the cops come they knock on the door and no one ever answers and so evantually the cops just leave. I feel bad because they have two young children living there but I need to look out for my daughter first. And this is putting her in danger and she keeps waking up from them being loud. How can I find out who actually owns this complex and maybe make a complaint to them? How do we deal with this. If I have to deal with this for the next 4 months I'm going to go crazy! Help!
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We live in Hoffman Estates. And I have documented everything. I have written down everytime we've called the police and the office. I took pictures of the extension cord in the hallway. I took pictures of the hall door they broke off the hinges during an argument between the guy and his girlfriend. But I don't know where to take the documentation to.
If there are two young children living in the apartment it would be a good idea to call the DCFS (Department of children and family services) hotline. The children are most likely living in unfit conditions and hopefully the hotline worker would take the call. You problem may not get better, but something would be done for the children.
A. - I'm sorry to hear about your living situation. I am an attorney, although landlord/tenant issues are not my area of practice. However, it sounds like you have grounds to move out because of a "constructive eviction," which allows you to lawfully terminate your lease because your landlord, by failing to maintain a suitable environment, has breached the covenant of quiet enjoyment, entitling you to lawfully terminate the lease and move out immediately. Google the term "quiet enjoyment" to learn more about it. Your landlord will, of course, disagree with your position, but a strongly worded letter to the management office, supported by the things you explained here and declaring your lease to be terminated based on your being constructively evicted by them, will undoubtedly deter them from suing you for any unpaid rent under the lease.
Tell the landlord in your letter what your moveout date will be, and, because you are lawfully terminating your lease, demand that, as provided under Illinois law, within 30 days of such date, the landlord must either (1) return your security deposit in full, plus any applicable interest, or (2) return the balance of your security deposit with an itemization of any deductions for any alleged damage to the apartment unit. (It may be wise to provide the landlord with your new address so that they know where to mail you the check and/or itemized statement.) FYI, the IL statute says, "In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs for repairs of damage if the work was performed by the landlord's employees within 30 days from the date the statement showing estimated cost was furnished to the tenant."
Tell them in your letter that, if they fail to comply with the law regarding the return of your security deposit, you will sue them for the return of it plus applicable penalties (which, by statute, is two times the security deposit plus interest), as well as any and all damages that you have incurred as a result of your being forced to move out so quickly due to their constructive eviction of you. If you get to that point and want to sue them, take it to small claims court with your proof of being constructively evicted, and you should be awarded these statutory damages since judges do not look favorably on landlords who pull these kinds of stunts.
Good luck,
L.
Ok, I lived in apartments for years, both before having my son and as a parent, so I know what you're going through. I see a lot of people saying 'just move!' but I understand that if you break your lease, you forfeit your deposit and it may not be so simple to find a good place that is convenient to where you go to school, babysitter, etc. So, assuming that you moving is not an option- This is what I would do:
1) Get the other tenants in the building to act WITH you, if possible. I know a lot of people would rather just complain and not do anything, but if you all stick together you have a lot more push, both with the neighbor, with the management office AND with the cops. Stand together- that makes it harder for officials to ignore you and it also makes it harder for these jerks to retaliate against you- they can't go after everyone in the complex. Explain to them that you are taking this to the building management and ask them to sign a petition. That way you don't just look like a crank or a whiner. Look up Illinois Tenants' Rights online and that should give you some guidelines as well.
2)Go talk directly to the building management. If possible, take one or two other neighbors with you, so that you are a group. Is your building owned by an individual or a manangement company? If it is a company, get their actual office address, not just that of the complex manager on-site.
Put all your complaints ( along with dates, times, when police were called, etc. IN WRITING and mail it to them, as well as going there to talk to someone yourselves. Whoever owns the property can face legal charges if they continue to allow illegal activity to go on there.
Be polite, but firm and make out a list of everything you are complaining about. Give them the list and tell them that the ENTIRE building (they won't know if it is true or not) is committed to getting them to clean up their behavior.
Tell them that the neighborhood watch will be calling the police and documenting it anytime there is partying, smoking up, being loud or doing something illeagal. Let them know that the neighbors- ALL of them- have had it with these problems and that the building has become unsafe- make sure you mention the guy pushing your kid. I can't imagine any management company wanting to be held responsible for something like that happening on their property.
3)This is hard but- you and whatever neighbors you can get with you- MUST call the cops whenever stuff happens. You need to be able to show both the management and the police a built up history of incidents for it to be enough for them to do anything about it.
I would also recommend going to the police station and making an appointment to speak to someone about how to handle the situation. Again, if you can get neighbors to go with you as a group, that would be best. But what you want to do is make sure that the cops know who YOU are and see you as a nice mom who is just worried for her kids and who really wants her apartment building to be safe. Explain to them about the retaliation that has happened since the previous officer told the other tenants who called the police. Get the name and number of a community liason officer or whatever they have there ( that was what it was called in Chicago) and USE THE NUMBER. Make sure they know how serious you and your neighbors are about this, and that you are trying to get the management to move these clowns out of your building.
The last resort is to get a group of neighbors together and formally write to the owners of the building and withhold your rent until the problem is taken care of. Eviction is a long and difficult process for owners and they probably don't want to have to throw these guys out if they are paying their rent. But if enough OTHER units threaten to withhold rent over these problems, it becomes worth their while to evict the other guy. Make sure you put it IN WRITING- everything- along with the specific incidents, police calls, etc.
Sorry this is so awful for you! Do some groundwork with your neighbors, the office and the police and get them to throw these guys out! A lot of apartment complexes these days, no one knows anyone else and people keep to themselves. But it is better for EVERYONE if you all keep in touch with each other and look out for your neighbors! I hope they see this- good luck!! Make sure you let me know what happens!
Ok A.. Your complex has been ghetto-ized. This behavior is common and will just move around to various complexes until they wear out their welcome. Please understand I am not condoning or excusing the behavior. What you are enduring is just ridiculous. I have similar neighbors - one that asked to use my electric; another who is a prostitute and is always asking to use my phone; and another one who stays in a perpetual state of dopiness. But, they don't live on my floor and I've nipped the requests in the bud by consistently saying, no. And they don't have children. A good start is to call DCFS - after you move. Some people say stay but A. these tenants may be tough to evict unless your lease says no drug use or excessive amount of guests.
But, why are you so concerned with waiting out your lease? The company doesn't care that you're a decent tenant since they're asking you to put up with this. And, honestly, they too are probably in a bind since they've moved them in. These may be section 8 tenants and that could really be hard to "evict". The nice thing to do is find a replacement and get out of there. And, the rude thing to do is find another place to live and tell the complex "good luck with that". You have your complaints documented. So if they really want to "hold" the lease over your head then you have a leg to stand on with that evidence. These new tenants, who are in extreme close proximity to you & your family, have made your own home unlivable.
At the end of the day there isn't much you can do when the police and property managers are non-responsive. You have a valid p.o.v. and deserve something more than, "there's nothing more we can do". You don't sound like the type to go all "Clint Eastwood" on them - so I say pack up your stuff & move. There's a complex that will be very happy to have your monthly payment. You can also google, Chicago Tenant Rights to learn more about the worst case scenario of moving before the end of the lease. Yes, I keep pushing for you to move because these highly irresponsible people can cause a tremendous amount of damage before your lease ends. If they have all of that traffic coming in & out of the building past your home at all hours then what if someone breaks into your home? What if you're there? See. Get out. A lease is a guideline to be observed within livable conditions. Would you stay if your roof was caving in? Or if the plumbing didn't work? Or if it was infested with bugs & rodents? Personally, I wouldn't. I'm rude like that - my personal interest comes before paperwork that can be arbitrated.
But, please remember this. This behavior is specific to a life time of ignorance. So, while it's difficult to fix how your neighbors live their lives we don't have to condone it and we can pray that something helps them turn their lives around for the betterment of our society.
It looks like you got some really good advise on how to deal with your situation. I've been there (though not as bad) and can empathize with you.
I just have to second what one person said. Please call DCFS. If you are feeling anxiety and nervous for your safety and that of your daughter, imagine how the children in the middle of that environment feel. You can only imagine how they are being treated by drunks and drug users.
Please call. Good luck.
well im not sure how you are handleing this that is just crazy. there are reasons that u could break your lease this is very unsafe and you have reason too. most times they have things in the lease saying you will be fined so on but its unsafe for u ad your cild so it gives you reason look though your lease im sure there is something you could use aginst them to break the lease if you really need. look to see if it says something like safe freidly apt ect.. until then i would call the police for everything. if the apt wont do anything the police can. at an apt i lived we were told they couldnt do anything call the police blah blah. but if the police are called alot they will get the picture or the police will start to get sick of it and give harder punshment. well i would think. good luck with everything. i would also look online or on your lease for a manager or head of the apt. place sometimes they dont know what is happening its just u dealing with a middle person. and if thats the case they may do something. hope this helps stay safe
You definitely have rights as a tenant. You can leave and get your security deposit back. It is terrible that you have to go through the trouble of moving because of these jerks but your family doesn't need to be around that kind of environment. Even if they got kicked out, it would be a long process and they would probably retaliate. Be safe and good luck!
I would use everything you have documented to try to get out of your lease. This is not a safe envirinment for your daughter and you need to get out. I know it might be financially hurtful but I think you need to leave even if they won't let you out of the lease. Threaten to get a lawyer to help you.
Document everything!
I work in Will County and there is a service there called Will County Legal Aid. They will do a free consultation and then if you need further assistance I believe it is a sliding fee scale based on income. Try checking with your county to see if they have something similar. Or maybe contact your local housing authority and see if they know who can help you. That sounds like a terrible situation you are in. Good Luck to you and your daughter!
If everything is documented you maybe able to get out of your lease. I would call a free consult lawyer and find out your rights. If the building owners and the police are not doing anything to change the situation you have a right not to live live like this. Prarie State Legal Services is free and in McHenry County. I'm sure there is a similar service for your county.
A. you need to speak to your landlord about the problem ,if he wn't take care of the problem,wrote him a letter requesting to move out because of the problem.you can call tenants rights to get assist on the problem.good luck....god bless you
Sorry to hear it. I'm pretty sure that you can break your lease since the apartment complex is not taking the proper steps to ensure your safety and comfort. I'm not sure what your exact legal rights are, but you can probably contact some kind of legal assistance or housing authority hotline to help you get out of your lease. You can also just stop paying rent and move out. You will forfeit your deposit, so I suggest not paying rent and then letting them use your deposit for your last month's rent. This is not legal, but if they can't even evict their horrible tenants, they probably don't have the resources to sue you. Good luck with everything. I hope your next home is a safer and happier home.
I don't have a solution but I am wondering why everyone is telling you about moving and getting out of your lease. Is this what you want to do? I don't understand why you have to be the one to move (especially if you love your place) just because of your neighbors ignorance. I would first see what resources Hoffman Estates has available and then go from there. Moving can be costly and I just don't understand why your life should be turned upside down when there must be something that can be done about these neighbors. Moving would be my last resort after exhausting all other options.
I don't know what else to tell you, short of hiring an attorney to get you out of your lease sooner. I would certainly be looking for a different place to live since the office/owners don't seem to care.
A., I'm so sorry that all of you have to endure this. We had an incident in the building next to us where people did the extension cord thing, and ComEd was called. Not sure what they did about it, but that is one option. Have you been to your village or township hall? Of course, there are always the TV investigative units. But sadly, no matter what you do, you are probably ripe for retaliation. Too bad your complex is more concerned about keeping a unit rented than the safety and well being of the other tenants. Good luck and be careful. You may also want to consult an attorney.
S.
Hi A. It should be some legal action you can take to get out of the lease. You need to moved as soon as possible before someone gets hurts. And if there are no witnesses the police will not do anything about this either.
I don't know about Hoffman Estates, but in Chicago, it states in the lease that if you want to sublease the apartment (aka: move out before your lease is up and find someone else to take over your lease for the last 4 months), the landlord is required to help you (they have to show it, and make a good faith effort to rent it out). It might not work out, but if it does, then you are free to go and they can't keep your security deposit. Do it. Your safety is worth it. Also, having lived in a couple apartments and a condo, I would never live in any building that is more than 6 units. 2 flats are ideal - especially owner-occupied 2 flats.
Listen to the attorney who posted. Regardless of what is in the lease, applicable Illinois law holds. In other words, if Illinois law says you have the right to quiet enjoyment, it doesn't matter whether it's in the lease or not. Do NOT withhold your rent. It's not legal in most states.
I would seek out a Realtor who can find the owner thru the tas records or you might go to the county recorders office and search yourself. Good luck!
That's so ridiculous to live through that! Try the Village Hall. I don't know specifics about Hoffman, but I know many towns have laws in place that require landlords to evict tenants - it's usually called something like a crime-free housing law. If you have time look it up online first, go to Hoffman's webpage and see if you can find anything about it there. If they don't help you at the desk then write and/or call your Trustees and Mayor. Make noise up every tree!
Maybe try calling the senator or congress- man in your district/nieghborhood - Something has to be done, it's just getting some one's attention on it.
Good Luck - and hopefully for the kids sake something will be done.
As long as you have documented everything, the damage..see if you can get the police reports & complaints, & the complaints you & your neighbors have made in writing.....you can leave. Send a letter giving 30 days notice & explaining why you are leaving. That it is not a good enviroment for you & your child. After the pushing of you & your 4 year old, I'd say you've been threatened & what good parent would keep their child in your situation. See if the landlord will let you out of your lease. There's not much they can do to kick out the other people if they are still paying rent or they don't want to go thru the hassle of it. Then leave. If they take you to small claims court be sure to have all the written proof. There's really only so much trouble they may try to go thru if you only have 4 months left.
Do you live in the city? Perhaps try calling the alderman/alderwoman.
One last piece of advice - if you do decide to move out before your lease is up, take lots and lots of pictures of your apartment prior to leaving. Walls, carpets, appliances, everything - the last thing you want the landlord to do it claim that there are 'damages' to your property so they can weasel out of the security deposit.
I'd be willing to bet that if the owners of the building knew about this, they would probably let you out your lease right away. I would contact the owners directly.
Sorry to hear about this mess. I would super mad too. Short term sleeping resolution - get a sound machine for your child's room. My girlfriend has one and we've used it at their house and it drowns out everything! I use one when we have company so that they don't need to be quite (we live in a small 2 bdrm condo). As for trying to get those neighbors kicked out, unfortunately eviction is a very long process. Try to take weekend trips (friends, family, where ever) to get away. Continue with documentation, talking w/ the offie and calling the cops. If the property owners aren't willing to do anything, perhaps ban w/ the other residents and state they are providing for unsafe living conditions and that you guys aren't going to pay rent until these guys are gone. I'm surprised the cops aren't willing to investigate further, especially if you guys smell pot coming from the apartment. That should give them reason to go inside and take a look. Hope some of these ideas help. Good luck!!!
I have moved before out of an unsafe situation, and wrote a letter why I was leaving early and demanded my security deposit back. (I got it returned.)
I think you can try this route. You need to leave for sanity & safety!
good luck.
A.,
You got some great advice here...the only thing I have to add is that I was a landlord for 10 years. I would never NEVER have allowed tenants like that to continue to live in my complex. You are wise to keep such detailed documentation of the events that transpired and you should be able to break your lease. I would send a letter to the management stating when you will be moving out and request for your security deposit. Include a list of all the things that have happened. Best of luck. I'm sorry you have to be in this situation...not fair!!!
I agree with all of the other Moms. As long as you have all of the documetation and police reports about what has been going on, then you could get out of your lease and get your security deposit back. I would move mostly because of how they have treated you as a tennant. If they allowed such horrible people to move in this time, then what is stopping from this happening again. Most landlords would have kicked these tennants out by now. It sounds like they are doing nothing and don't seem to care about the safety of their other tennants. I am so sorry that you have to deal with this, moving can be such a pain. But this sounds like your daughter's safety is now at stake. Who knows what your neighbors could be capable of.
I would check to see if you can get out of your lease and explain this to the landlord/owner. If you are a good tenant and he will listen, maybe they can get the garbage out. There was a law (not sure if it is all suburbs) that they can evict problem tenants with police being called a certain number of times. You say you've had them come 4 times so far, that may be good enough. I would consider possibly talking to an attorney to see if you can "legally" get out of your lease because of these trouble makers. If you can get your security deposit back all the better, otherwise looking for something safer is a good idea.
I know that it's a pain, I am also looking to move, but don't want to jump from the frying pan into the fire, as they say. We have multiple families living in our apt. building that either a)use dope, b)sell dope c)fight/beat their kids and don't get me started on the others. It was a good place 9 years ago, safe, quiet, reliable tenants. Then the owner died and sold to a slum lord who doesn't care who he rents to. Too bad it's well situated but, it's really getting to be a pain. Good luck in your search.
Look at your lease. See if it has anything in there about nuisance and termination of lease. It sounds like you are in a building with more than just a few apartments. Chicago has a tenant landlord thing that can protect you. Also, if your conditions get to a point that you are in danger or the apartment gets unlivable, you may be able to break your lease. I can't believe the office says there is nothing they can do. Document everything and anything you can, dates times etc. Read your lease thoroughly. Note anything that indicates what a nuisance is. I find it hard to believe a lease would not have anything on it. Also look for anything indicating end of lease for criminal activity. Also, owner of buildings is public record. You can go to the county office and find out who holds the deed. If you are in Cook County, you can look online. First, you need the pin # of the property. Go to www.cookcountyassessor.com You can do a search (will take a while) for the pin number by range of address and type of property. Then use the pin number to search on www.cookcountytreasurer.com under payment status. The name of the owner should be listed. You run a slight chance if it being incorrect but it is better than nothing. You can take pictures to document the problems. You cannot record things without permission but taking pictures of the cord in the hall is not illegal.
I wish you good luck. If they haven't paid their electric, there is a good chance they won't pay the rent either. Maybe they will be evicted.
