Legal Question in Landlord & Tenant Law in Illinois

Tenant Security Deposit

I recently moved after living in a apartment for 5 years. In my orginal lease, it says the landlord has 30 days after I move to return the security deposit. It didn't say this in the following leases. The landlord told me he was going to give me the entire amount during the final walk through. He never showed up and left a note with a check for half the security deposit. In the note he says the apt looks great, he was just short on money. I left the apt. very clean and I took pictures of everything. On the note he printed his name but didn't sign it. The handwriting matches the handwriting on the check. Can he stiff me on the other half. I have a note saying the apt was left in great condition. Someone told me he has 30 days to provide a list of damages and receipts to prove the fixes. What should I do at this point? If he doesn't return the other half within 30 days can I sue him for it? Could I also collect court costs? I have a letter from him saying he's going to pay but I don't trust him. I'm in Illinois. Please advise. Thanks.


Asked on 6/06/07, 9:36 pm

2 Answers from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Tenant Security Deposit

The IL Security Deposit Return Act allows for you to recover attorneys fees, court costs and two or three (I need to look at the Act) times the amount of the security deposit. It may be worthwhile to pursue the landlord...although getting a Judgment against someone and actually getting that money from him isn't always the same thing. Depending on what municipality you live in, there might be more stringent regulations than what I've mentioned.

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Answered on 6/07/07, 9:45 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: Tenant Security Deposit

Yes, you must receive details of any damages he claims along with receipts for repairs he may have had to make within 30 days. He has 45 days altogether to get any money back to you that he may owe. You do have rights to court costs and attorney fees if you can prove your case which it sounds like you can. There can be more severe penalties depending in which municipality the property is located in.

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Answered on 6/07/07, 11:05 am


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