Legal Question in Landlord & Tenant Law in Illinois

Common Area Electricity

I live in a 3-flat & I recently found out my landlord has all the common area lights/electricity on my meter. ie. hall lights, basement lights, furance, laundry. I'm in the apt. which once was the owners. I had the town building inspector over today. He verified all of this and took pictures. I'm moving in 30 days & want my security deposit back. What is my next move? Should I contact a lawyer now? I want to sue the landlord for years & years of this usage. Can I wait until I get my security back, move & then sue. Please offer any advise on future actions.


Asked on 5/01/07, 1:08 pm

1 Answer from Attorneys
Noelle Ansley Noelle Ansley

Re: Common Area Electricity

When did you discover the theft? You've got three years to bring your cause of action for conversion, starting from the date you discovered what was going on. So, if you can move out and get your deposit back first without blowing the statute of limitations, then do it. If LL refuses to return the deposit after you move out, you can add that to your complaint. You may also have to bring an action against the electric company (do you have Com Ed?) recover the money you paid them that resulted from your LL's taking your electricity. That would cause Com Ed to turn around and sue the LL for his theft. When you find an attorney, discuss all these options with him/her.

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Answered on 5/01/07, 2:15 pm


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