Legal Question in Landlord & Tenant Law in Illinois
Security Letter
I mailed a security deposit demand letter to my former landlord via certified mail. A notice was left at his address but he doesn't seem to want to pick it up at the post office. The post office states they will mail it back to me if left unclaimed. I also sent the same letter via first class mail. How can I show evidence in court of giving him a chance to pay before I sue if he doesn't pick up/sign for the certified letter? What should I do next?
1 Answer from Attorneys
Re: Security Letter
You have no notice requirement. It's a good idea to do what you're doing but it's not necessary or in any way related to a potential court proceeding. What's critical is what "box" the landlord's in...does she have more than 5 units? Does she/he live at the property? These are some of the borderlines that are exempt from certain statutues. He has to give u a list of repairs within 30 days and return the security deposit within 45 days. Depending on his size as a landlord, you may be entitled to have your costs and attorneys fees paid and triple the amount of the security deposit.
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