Legal Question in Business Law in Illinois

Return of full security deposit

My previous landlord charged me $375 for a full painting of my studio after a one year lease (taken out of deposit) claiming smoke damage. I do smoke but there were no stains, etc. and I took pictures when I moved out that show white walls with only minimal wear and tear. Is it worthwhile to pay $75 to sue in small claims court?


Asked on 2/27/03, 5:47 pm

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Return of full security deposit

I would check with the clerk of the court for the circuit in which you reside. They can tell you the filing fee for small clams court. My initial impression is that it would not be worth fighting. In addition to the court costs you must consider the time and energy you wil expend in litigation. That is an additional "hidden" cost.

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Answered on 2/28/03, 10:28 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Return of full security deposit

It depends where you live. If your apartment was in the City of Chicago, it may very well suit your purposes to sue. Indeed, the Chicago ordinancies are very pro-tenant, with an award of attorney's fees in appropriate circumstances. It is an area in which I practice.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by a execution of a formal retention agreement.

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Answered on 3/08/03, 3:19 pm


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