File a rent escrow case in court. There are 2 ways to start this.
Call your local inspection office and ask them to inspect your home. They order the landlord to make the repairs. If the repairs are not done by the deadline they give in the report, you can file a rent escrow case.
Send a letter to the landlord listing all the problems. Put a date on it and keep a copy. If repairs are not made in 14 days, you can file a rent escrow case.
In a rent escrow case you pay your rent into court instead of to the landlord. This is safer and better than holding onto your rent.
No –unless you have a court order that allows you to “repair and deduct.” It is better to file a rent escrow case. If you need emergency repairs, like you have no heat or running water, call your landlord right away and ask for repairs. If the landlord does not fix these emergencies right away, you can file an Emergency Tenant Remedies Action(ETRA). See our fact sheet Emergency Repair Problems.
Unless you and your landlord agree to a longer time, the court can’t give you more than 7 days to move. If you don’t leave the landlord can ask the sheriff to help evict you. The sheriff delivers a "writ of recovery" to your home and you could have only 24 hours to move out.
The writ is given to you AFTER you lose the court case. This paper is very different from the summons and eviction complaint you got for the eviction case.The sheriff does not have to give the writ to you in person.They can just leave it in a place where you will see it, like on your front door. There is usually a time written on the writ paper. That is the time it was left.
If you have a written lease no-one can move in without your landlord’s permission. If you don’t have a written lease, you might not need permission, but it’s smart to get it. If you don’t, your landlord may give you a notice to move out.
Yes. But they have to follow rules. For example, they can’t tell you to leave right away. The landlord can give you a written notice asking you to leave at the end of the next month. This means if the landlord gives you notice in June, you have until July 31st to move out. They don’t have to give you a reason.
The landlord can’t discriminate against you or ask you to move to get back at you for complaining about repairs (retaliation).
No. Generally, if your landlord is in foreclosure both you and the landlord need to keep following all the terms of the lease until the end of the redemption period. This is usually 6 months after the sheriff's sale. The foreclosing bank must give you written notice before you have to move out after the end of the redemption period. You may have other rights as a tenant in foreclosure, see our fact sheet When Your Landlord Loses the Building.