Legal Question in Credit and Debt Law in Illinois
Damages after moving from an appartment
After my son moved out of an apartment. The landlord inspected the apartment and has now sent him bill for over $900.00 for repair of the apartment. The lanloard did not return his deposit of over $600.00. The letter and pictures he sent stated that if he did not pay , he would be turned over to a collection agency. Does the landloard have the right to collect damages in an amount over the security deposit? and can he tunn him over to a collection agency or take him to court if he does not pay? I do not have a copy of the contract so I do not know what if any stipulations are in there.
Thank you
2 Answers from Attorneys
Re: Damages after moving from an appartment
If your son damaged the apartment, he is responsible for the cost of repairing it, regardless of the amount of his security deposit. Let's say a tenant is angry with his landlord, and has only a $100 deposit. The tenant doesn't mind losing the $100, and uses an sledge hammer to destroy the apartment. Does it seem equitable that the landlord would be limited to the $100 when the tenant caused $20,000 of damage?
Re: Damages after moving from an appartment
Yes, the landlord has the right to bill your son for the cost of the repairs in excess of the security deposit. The landlord also has the right to place this with a collection agency and/or file suit. If your son believes that the damages are not greater then the security deposit then he will have to sue the landlord in order to recover a portion of the deposit.
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