Legal Question in Landlord & Tenant Law in Illinois

I am a landlord whose tenant lived the last month with their deposit without my consent. They informed 5 days before the moving date they were moving, when the lease explains it must within 30 days in writting. In addition they refused to pay the lasts month rent and advised they would live the deposit. They remained in the property for 15 only out of the 30 day month to month agreement. They are now asking for the deposit to be returned. Are they entitled to any refund? Becuase they breached the lease do I have to provide them with a written report for repairs?


Asked on 5/25/11, 2:36 pm

1 Answer from Attorneys

How long ago was this? You may have blown the time period to notify them they get nothing back (the "written report"). It is unusual for a lease to demand 30 day notice of a moving date unless it is a month-to-month, so without seeing the lease it is also inappropriate to say for sure one way or the other. But from a practical standpoint, this is what I would call "some nerve". Depending on whether you wrote them already about any of this, I might just suggest writing them and saying you and they agreed to use their security deposit for last month's rent, agreed to short notice, and let things go at that. How much are we talking about? But again without seeing the lease and their demand it is inappropriate to say for sure. Remember under Illinois law if you don't follow the rules about return of security, you can be liable for 2x the amount. And the thing is that the lease may allow you to apply security to rent, or not. Normally security is not for rent, but for condition on expiration. So ultimately have a local attorney take a look at the lease, their demand, the time frame, and give you the best answer.

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Answered on 5/26/11, 8:52 am


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