Legal Question in Landlord & Tenant Law in Illinois
For last month of rent, tenant use deposit and only paid $100 for last month rent.
In state of Illinois it is legal to do it?
If they arenot going to rent can I bill late fee?
1 Answer from Attorneys
Can't tell from this info.
Most leases say tenants can't use security for rent, but many do. If you get all the money you're supposed to and the tenant leaves the apartment in proper condition, you should be ok but should confirm in writing afterwards so that they can't come back and claim the security deposit "again". If this is their last month, it is probably way too late to start an eviction even though you could theoretically issue a five-day notice, but but the time the time's up and you file suit, it will be the end of the month. You can try to bill a late fee but this too may be meaningless. If you want someone of us to review your lease, please let us know.