Legal Question in Landlord & Tenant Law in Illinois

Security Deposit Legalities

My friend's lease is up May 31, but he is moving April 1. He wrote a letter to his landlord/property mgmt. company in mid-February stating his objectives. They now are refusing to return his security deposit which was 1 1/2 months rent.

Also, the ownership of the building changed during the time my friend was living there. The current landlord is stating that they should also not get the security deposit back b/c it was paid to the previous owner.

What legal rights does my friend have to this security deposit?

(Another issue regarding this lease...I was also on a lease in this apartment building from 2000-2002. My roommate stayed and moved in with someone else in another apartment. The landlord rolled over our security deposit onto this new lease for my roommate without my permission and is now not returning the security deposit to anyone. Can I legally do anything to get the security deposit?)

Thank you for your time.


Asked on 3/20/04, 1:41 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Security Deposit Legalities

The rent for one month could be withheld if he does not vacate at the end of his lease. However, the rest can only be withheld if he damaged the apartment. All of this is only possible if the landlord sends him written notice that he is withholding security deposit within 30 days of vacating the apartment. The lease continues under the same terms with the new landlord so he is obligated in the same way. You only have two years to make a claim in your situation. If the lease was in your name and the security deposit was paid by you, the landlord cannot roll it over without your permission.

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Answered on 3/21/04, 8:41 pm


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