Legal Question in Landlord & Tenant Law in Illinois

Landlord won't return my deposit

I moved in the apt. in April 2003. A month before I moved out (July), I wrote my landlord a moving notice. My landlord never checked my apt. before I moved out, Aug 22. After a month, I didn't get my deposit refund and called my landlord. He said he couldn't return my deposit because my bathroom was flooded twice and I did not inform him. It caused all problems of whole building and I should be responsible for it. My bathroom was never flooded and only the bathtub did not drain well once. My landlord knew and fixed it. He never mentioned the fee. While on the phone, he insisted my bathroom floor was flooded twice. Since my floor never flooded, I asked him when it happened. He said that he could not remember and assumed the second time should be happened the last week while my staying. I asked him for the fixing fee. He said he would get me back. It's been two weeks since the phone call. I never hear anything or receive any damage report or fixing receipts from my landlord. Am I responsible for the fixing fee? Can I get my deposit back? Am I entitled to file the complement at the court? (He refused to sign the contract in the begining and never gave me receipt of the deposit $600).


Asked on 10/06/03, 3:03 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Landlord won't return my deposit

In Illinois, you are entitled to a 30 day notice that your landlord is not giving you back your deposit. If you do not receive a written notice with an invoice detailing what he is charging you for, then he cannot retain any of your deposit. If this is a building with five or more units, he is liable for twice the security deposit plus court costs plus attorneys' fees. Try to find proof of payment of your $600 as it will make your case a lot easier if he denies receiving it. Although he has not done so as of yet. Get an attorney if these rules apply to you. If not, you can file a complaint in small claims court.

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Answered on 10/07/03, 9:13 am


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