Legal Question in Landlord & Tenant Law in Illinois
Back rent illegally charged?
'93 moved out of apartment after renewing lease. Main issue: sewer back up into apartment and carpet. called, wrote letters, etc. no action taken by complex after they agreed to fix sewer line and replace carpet (plus 8-10 other items). Gave written 30 day notice moved out, no damage claim, no returned deposit. They filed on me April '03 to collect $3850 back rent. Verbally informed after 2 weeks of moving out of apartment, they re-rented. Unfortunately, after 7 years I pitched documentation. Lease says if you break lease for whatever reason tenant pays 2 months rent. They kept deposit of one months rent. What are my options? Court date 10/21/03, served 9/28/03. Help!
1 Answer from Attorneys
Re: Back rent illegally charged?
You have a right to the return of your deposit if you received no detailed statement outlining why it was kept. However, if there was a clause in the contract as you say, that does apply also. However, it will be offset by the landlord's re-renting.
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