Legal Question in Landlord & Tenant Law in Illinois

8 years ago, I wrote a check to my former landlord for $1800.00. I recently moved out of his unit, and now he is saying that I only gave him 1000.00. During that time, I banked at Guaranty Bank. I am currently with another bank, but I have visited Guaranty Bank several times trying to retrieve information on the cashed check. I believe that Guaranty Bank is not interested in assisting me in helping me obtain information on the 1800.00 check. I gave them 5 dollars to start a work order on the check and they told me they would contact me in three to five days to let me know what they found. Unfortunately a couple of weeks went by without hearing from anyone at Guaranty Bank so I contacted them in person. I was told by the supervisor that they did not find any information pertaining to the check. I was then asked to give another 6 dollars to start a more detailed work order, again nothing! How can I get the information I need from the bank? I need the proof from the bank to show that he cashed a check I wrote to him in November 2003 for security deposit. I would like to take him to small claims court, but without that information, it is my word against his word. In 2005, he sent me a lease, and on the lease, I stated that I agreed with the terms and conditions of the lease, only with the respect that he returns my security deposit in its entirety if his property was left in the condition I came to the property in with the exception of normal wear and tear. He was supposed to send me a copy of the lease, but he never did. Therefore, he has all the proof and I don�t have any. Can a judge make him bring the original copies of the lease? That would be another way of being clarity on the amount that wasn�t given to him�I asked him to fax, email me an attachment or mail me a couple of the lease, but he disregarded me totally. What can I do about getting my money back from this man! This man is a slumlord, liar and thief. While living in his unit, I had severe plumbing problems, the furnace was inoperable during the winter months and the basement flooded often leaving the house full of mold and mildew. I have the pictures to back up everything I stated. I also took pictures of when I left the unit. I left the unit very clean consider all the issues. FECES WOULD COME FROM THE DRAIN at least every three to six months�I spend lots of money trying to resolve the problem by putting root killer into the toilet once a month, as well as my family and I were subjected to using the stove and oven to stay warm during the weather, which put us in a predicament of inhaling toxic fumes. Please give me some advice!


Asked on 12/28/11, 11:01 pm

1 Answer from Attorneys
Stephen Messutta

So you are saying the landlord denies you gave $1800 in security, that you only gave $1000, claims you damaged the unit beyond $1000, and wants the balance and won't return your security? You can't get a copy of the check, you don't have the lease, and you had problems with the apartment? Yes you could sue, and claim there was a written lease but you lost it or something, and a judge could require the landlord to produce a copy, or the landlord, being the kind of person you say, might deny it and say there was only an oral lease..... Bottom line is that there is a State statute that if the building had 5 or more units the landlord is legally obligated to refund the security OR follow a procedure for claiming damages and IF the landlord doesn't follow the procedure could be liable for DOUBLE the security back. Please, take the situation to an attorney in your area for additional help.

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Answered on 12/29/11, 12:52 pm


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