There was a fire in my apartment building.  The fire was in another
apartment, and my unit was not directly affected.  The landlord had
closed down the entire building.  Tonight will be the eigth night I am
not able to stay there.  Several nights ago they let people from 12 of
the 64 units move back in.

My unit was not directly affected.  I've been in the unit three times
to pick up things.  I see no damage.  I have heat, water, hot water,
electric, etc.  The unit two doors down, away from the fire, was
allowed to move in.

What are my options?  I really would like to move back in a soon as
possible.  If that can't happen soon, I want to break my lease.  Can I
claim "constructive eviction?"  Supposedly this was started by a
grease fire, so the landlord was not directly responsible for the
fire.

The landlord has changed the locks to the building, so I can't get in.
 My argument to the property manager today was that the unit is
habitable, so I should be let in.  It's just as habitable as the unit
two doors down.  They tried to tell me that the heat was off in the
building, that the electrical wasn't working, etc.  Of course I've
been back to my apartment, and that isn't true.  Nor would they allow
the other tentents in the twelve units in if that was true.  They
backed off these statements.

They also claim the village has to inspect and approve the unit before
they can let me back in.  Does this affect my ability to get out of my
lease?

My lease has a clause stating that in the case of fire or other
casulty, the lessor has the option to terminate the lease, or fix the
problem within 60 days.  Does this clause nulify my right to
constructive eviction?

My thought is that they have changed the locks on what I consider to
be a legally habitable apartment.  Is that enough for constuctive
eviction to hold up?

I live in Illinois, in DuPage county.

As part of you answer, I'd like links to a couple of examples of
notice for constructive notice, along with a description of how to go
about it.

My real goal here is to push the landlord to make the repairs as
quickly as possible.  I'd rather not move out.

Help!  I've been sleeping on a friend's couch for a week!

---

Clarification of Question by a2345-ga on 21 Nov 2004 04:57 PST

Well, I've been back in my unit for a couple of weeks.  Fortunately I
was in an area not so affected by the fire.

Did you sign and move back in?  First, try not to sign if they will
let you.  I don't see how they can force you to sign a waiver.  I
simply refused.  That said, waivers don't mean that much in court.

Second, if you're back in, it may be hard to claim constructive
eviction.  I don't think diminished property value will do it.  You
will have to find a way in which the property to legally
uninhabitable.  For example, if the unit was essentially ready, but
they hadn't installed a new door after the fire fighters broke in,
then I think you could claim CE.  But right now you have an apartment
that locks, two stairways with emergency lighting etc.  The fact that
they are still doing work probably doesn't qualify.  You'll have to
find something else that's wrong with the apartment or the building.

They really handled this poorly.

http://www.illinoislawhelp.org/index.cfm?fuseaction=home.dsp_content&contentID=2392
http://real-estate-law.freeadvice.com/landlord_tenant/constructive_eviction.htm
http://www.illinoislawyerfinder.com/publicinfo/landlord.html

http://www.weblocator.com/attorney/il/law/resreal.html
"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:

    * Electricity, gas, or any other utility shut off
    * Leaking or damaged pipes or other plumbing fixtures
    * Landlord changed or plugged locks
    * Fire damage 
(article continued)

Greetings, I too was a tenant in this building.  As of today, 11/19 we
were told we were allowed to move back in to the unit provided we
signed a "Hold Harmless Release".  There is still major renovation
that is being done in the hallways, stairwell, and foyer.  Does this
qualify for constructive eviction or paying a reduced rent due to
diminished property value?

I am also interested in current status of the original poster.  What
if any answers have you gotten?