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tenant rights in Illinois
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brandiab
newbite
Joined: Feb '12
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Posted 1 year ago
Wed Feb 22 2012 1:23:08
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Hey all, I was wondering if anyone had any advice in dealing with my landlord and these horrible little bugs. For 3 weeks now I have been itching. Now I suffer from perfume/dye allergies and started changing to different soaps thinking that was my problem. On Saturday I showed my rash to the nurse who lives across the hall. One look and she knew that the bed bugs were back! What?!? Back?!? Seems they had these pesky things before. Here's what I have learned since Saturday. I have evidence of these bugs in my apartment and caught 2 of them Saturday night. The previous infestation started in my apartment under the previous tenant. She complained to the landlord about bugs so they allowed her to move across the hall, which of course spread them. They had 3 apartments treated in July and August according to the PCO: mine, the one next door, and the one across the hall. I moved in around August 10th and no applications have been made in this apartment since I lived here. So J, the guy next to me moves out in December and his apartment was re-rented at the beginning of the month. I spoke with him today, and he said that they were never eradicated in his apartment. Mine was only sprayed once, and his 3 times. Am I correct in thinking that the bugs haven't bothered me since he lived there and he was their host, and I was the one closest so they came back to mine once he left? Currently the landlord is trying to blame me for the infestation. I have only been to 3 other homes besides mine in the whole time I have lived here, all family members and none with infestations. No hotels stays or overnights anywhere.
So here are my questions: should I have been notified when I moved in that there was an active bed bug infestation at the time? Can the landlord charge me for any of this? Given the fact they knew about this and didn't properly rid the place , can I recoup my costs such as encasements, laundering, etc? Can I break the lease without penalty? I said the whole building needs to be treated,, but the landlord disagrees. Any answers or links to help answer these questions would be greatly appreciated. -
theyareoutthere
oldtimer
Joined: Sep '11
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Posted 1 year ago
Wed Feb 22 2012 1:29:10
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Chicago Way - 4 days ago »
I forgot to post this when it came out a couple weeks ago but the Chicago Reader had a bed bug article on the paper addition and a week of reports online. Here is the link to the front page article: Bedbugs: not dead yet. You can find the other articles for the week from the main article.
One of the interesting aspects of the article was the use of propane for eradication with predictable results.I think this article had information specific to Chicago.
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oldtimer
Joined: Nov '11
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Posted 1 year ago
Wed Feb 22 2012 1:35:53
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Dear brand,
It appears from the information you provided that the LL may have rented an apartment to you with knowledge of a prior and ongoing bed bug infestation thus putting you at risk.
If this is so, then you may not need tennant's rites as much as you need a competent attorney familiar with such cases to provide you with viable advice.
Good luck ! paul b.
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brandiab
newbite
Joined: Feb '12
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Posted 1 year ago
Wed Feb 22 2012 1:59:29
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Thanks to both of you. The idiot in Chicago needs a Darwin award! I called the LL Sunday morning and someone is finally coming tomorrow. I have been taking pics of the rash and will also take pics of the infestation as we find signs. The part that really suck? I allowed my friend's daughter to move in about a week and a half ago and she bought a new matress, which now may need to be tossed out. I feel so terrible! Been crying for days, and I have to miss work tomorrow so that I can be here for the inspection to ask questions. The worst part is going to bed and sleeping with those things! I guess what's making me the most upset, is the LL is not doing any of his own research. He told me to bomb, which I didn't before looking it up... Oh and our wonderful PCO was supposed to have been spraying once a month. NO spraying has been done. He comes in, checks the kitchen cupboard, puts some goo on the hinge and leaves. Boy am I going to have a field day with this idiot tomorrow!
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oldtimer
Joined: Nov '11
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Posted 1 year ago
Wed Feb 22 2012 2:08:14
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STOP ! You don't need to throw out a new bed or mattress if you know what you're doing !
At worst, this new mattress may be encased in a quality bed bug proof encasement. However, a mattress may be rendered bed bug free by thorough vacuuming, steaming and/or heat treatment.
Remember that a LL is in the business of letting or renting a domicile that must be fit for habitation. There is a lot of "ground" under the term "fit for habitation" or "habitable". Your legal advisorwill likely tell you that this means a pest/vermin free home.
If the infestation pre-existed your occupation and the LL had prior knowledge, as you implied above, then it appears you are in the superior position.
You need to do some additional research, speak to some competent folks in your area that are familiar with such cases and once you are better informed and know the right things to say, have a conversation with your LL about the remediation of your current situation.
Hope this helps ! paul b.
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brandiab
newbite
Joined: Feb '12
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Posted 1 year ago
Wed Feb 22 2012 2:11:47
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I know not to get rid of anything yet until the PCO comes. I just wish it hadn't taken them 3 days to get here! Going to try to find a lawyer tomorrow. Problem is I live is a small community and local lawyers who would specialize in this stuff may be hard to find. I just want to get going on this so once they are gone I can get the hell out of here!
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oldtimer
Joined: Nov '11
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Posted 1 year ago
Wed Feb 22 2012 2:20:37
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Where are you located ?
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brandiab
newbite
Joined: Feb '12
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Posted 1 year ago
Wed Feb 22 2012 2:24:32
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I'm about 2 hours west of Chicago. Nearest large city would be Rockford which is about an hour away. I know a lawyer who usually deals with criminal cases and gave me advice on a recent auto accident, so I will call him tomorrow and see what he says. I'm in a town of 15,000 so not much in the way of specialty lawyers.
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oldtimer
Joined: Nov '11
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Posted 1 year ago
Wed Feb 22 2012 7:35:43
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Dear brand,
What matters most is what state you're located in as attorneys are licensed to practice law by state.
This said, there are attorneys in the Chicago area that handle bed bug cases.
You may wish to do an online search using key words and Illinois to see what you find and then refine your search from there.
Hope that helps ! paul b.
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brandiab
newbite
Joined: Feb '12
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Posted 1 year ago
Wed Feb 22 2012 18:14:29
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So the PCO came today. He checked both bedrooms and only mine had signs of infestation. He claims that they must be new and not from the old because they would have affected the second room first since that is where the shared wall is. I tried explaining that the second room was completely empty of furniture and humans up until a week ago so it makes sense that there are no signs in that room. He also said I can relocate to the sofa given that I do not take any pillows or bed linens with me. This goes completely against everything I have read! He did not check any other unit for signs, since no one else has complained, but the unit next to me and below me just got new tenants within the last few weeks. And I have to wait 6 days before any treatment can begin..
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oldtimer
Joined: Nov '11
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Posted 1 year ago
Wed Feb 22 2012 18:26:26
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OK. So, this is the PCO the LL sent correct?
Unfortunately, your instincts seem accurate as what he reportedly told you does not seem correct.
What other questions or concerns do you have that we can help you with?
Hope this helps ! paul b.
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brandiab
newbite
Joined: Feb '12
Posts: 9offline
Posted 1 year ago
Wed Feb 22 2012 18:31:03
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Should I go against his advice and continue sleeping in the bed? Someone has to be bait to keep them active correct? If not me, I fear they will go through the wall to the unaffected room (which they are going to steam as a precaution). I also don't want to spread them to the couch if I haven't already.
I almost want to pay to get a second opinion. -
oldtimer
Joined: Nov '11
Posts: 2,508offline
Posted 1 year ago
Thu Feb 23 2012 14:49:01
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Dear brandi,
Isolate your bed and go ahead and sleep in your own bed. There are bed bug prrof products tha will protect you as you sleep but we're waiting for those folks to advertise them on this website. Hopefully that will be soon. It's not my product but I do know about it.
You can always PM me for more information as I do not wish to violate any of the BBR website rules.
Hope this helps ! paul b.
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your host
Joined: Mar '07
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Posted 1 year ago
Fri Feb 24 2012 2:35:23
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P Bello - 11 hours ago »
Dear brandi,
Isolate your bed and go ahead and sleep in your own bed. There are bed bug prrof products tha will protect you as you sleep but we're waiting for those folks to advertise them on this website. Hopefully that will be soon. It's not my product but I do know about it.
You can always PM me for more information as I do not wish to violate any of the BBR website rules.
Hope this helps ! paul b.Hi Paul,
I just want to clarify for others reading this.
It's okay for professionals to mention products that we do or don't advertise here.
However, there's a rule against promoting your own products
and services. It was my understanding that you were suggesting someone purchase a product in which you have a financial stake.
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