Legal Question in Landlord & Tenant Law in Illinois

My landlord denied me a final inspection prior to move out. They then completed the inspection the day after we vacated the property and charged me for a full carpet replacement. I strongly feel the carpet was in good shape and did not need to be replaced. I asked for photo evidence of the damage and my landlord said they do not have any. Are they violating any laws/any tenant rights? Can I take them to court to give me back my security deposit and drop the charges?


Asked on 5/11/16, 6:05 pm

1 Answer from Attorneys
Stephen Messutta

You can take them to court but it could be a case of 'he said, he said'. Always take pictures of the condition of your apartment when you move out. Since the 'inspection' wasn't done in your presence, it may be covered in the lease. Maybe not. You may need to check with the municipality to see if they have any landlord-tenant ordinance that requires move-out inspection (unlikely) and if the 'charge' was made after a certain amount of time (typically 30 days up to 45) the landlord may have blown a timeline date.

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Answered on 5/16/16, 9:51 am


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