Legal Question in Landlord & Tenant Law in Illinois
Landlord Refuses Deposit Refund
I rented a unit in Chicago from a landlord that owned one private apartment in a multi-unit building.
I signed contract with my former unit owner for 12 months for September 2006-August 2007. At the conclusion of the 12 months, we verbally agreed to extend the contract for another 12 months.
During the second 12 month time frame, I was relocated for work. The unit owner stated in an e-mail that if I were to find a new tenant to take over the remainder of the lease, then I would not have any further charges. I found a new tenant.
When I moved out, he inspected the unit and verbally told me I would receive a full refund of the $1000 deposit I paid him upon moving in.
After moving out, the unit owner claims he will not refund the full deposit because the building charged him $250 when I moved out and $250 when the new unit owner moved in. These charges are not specified in the original lease we signed, and it was never discussed that I would have to pay these charges.
After further investigation, the building added these fees for the unit owners after I moved in, so this is likely why it was not in my original lease.
Can he withhold this from my deposit refund? If no, how can I get it back?
2 Answers from Attorneys
Re: Landlord Refuses Deposit Refund
Hello. In my opinion the unit owner does not have a right to withhold the deposit refund from you. The deposit is a security deposit and there is a possibility that the unit owner owes you treble damages for his failure to return the security deposit. You have the option of filing a lawsuit against the unit owner to recover the full $1,000. Will be happy to discuss this further and in more detail.
Re: Landlord Refuses Deposit Refund
Hello. In my opinion the unit owner does not have a right to withhold the deposit refund from you. The deposit is a security deposit and there is a possibility that the unit owner owes you treble damages for his failure to return the security deposit. You have the option of filing a lawsuit against the unit owner to recover the full $1,000. Will be happy to discuss this further and in more detail.
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