Legal Question in Landlord & Tenant Law in Illinois
Last week I did the walk through with my old landlord to get my $850 deposit back. I feel that the amounts that he is charging for damages is a bit absurd. For example, there was one wall that had 6 nail holes in it and needs to be puttied and painted (just didnt have time before we moves) and he is charging $275 for just that. I mentioned to him that I did not agree with the prices and I would like to see estimates(he said he was contracting out the work) , but he then said these numbers are coming from the company that owns the building now (I was never notified of new ownership). When I asked for the contact information for this new company he said that he legally couldnt give me that and told me to go to 4922kedize.com to find the information. I left saying that I did not agree to these amounts and I would be contacting the owners. When I went to this website it was inactive and when I called the contact number, Jack, informed me that he has no connection with the building OR my landlord. I called my old landlord back and he told me again to go to the website. I told him I did and the information I got. He then replied that he is done being nice with me and I should take him to court.
So ,I have two questions...
1. How do I find the owner of an apartment building?
2. Is this a case that I should take to small claims court?
1 Answer from Attorneys
First, you're in Chicago, and Chicago has a landlord-tenant ordinance, a summary of which should have been attached to and made a part of your lease. You need to look through it as to your rights regarding security deposits and interest on security deposits. If the summary is not exactly on point the entire ordinance is available on line at: http://www.chicityclerk.com/tenantsVRSlandlords.php
As to your specific questions:
1. You can try through the Recorder of Deed's website (http://www.ccrd.info/CCRD/il031/index.jsp) but you may wind up at the County Building between the assessor's office and/or the Treasurer to get the right Property Tax Parcel Number (PTN or PIN) and even then you may wind up with a dead end such as a corporation, limited liability company, or blind trust as owner. For all you know the reason your old landlord won't deal with it is that he was foreclosed on, except normally you would have received some kind of notices - . Sometimes the name of the party that the Treasurer has as the party paying real estate taxes, could be the owner or an agent for the owner. Or you can just pay a title company for an "ownership search" but you could wind up with the same blind dead ends. But then you might find out who the management agent is, or a receiver, or law firm. But why does this matter? Because you believe you can reason with the actual "owner"? Maybe, that's up to you. If it's a legal entity like a land trust, you'd first have to write the trust and ask if they would forward your request to the owner, which they would do, and then the trustee may or may not have to tell you who the "real" owner is anyhow. Bottom line is that you had a contract with a landlord--the name on the lease. You can sue the landlord and the landlord would then be obligated to defend itself or, if it was named as an agent for undisclosed principals, the landlord could disclose their principals and then the principals would be brought in, or if the lease names the principals (like a corporation or land trustee) you'd have to add them when you file any lawsuit.
2. A case? Maybe. Sounds like you moved out w/o taking pix, and without a "checkout" or "punchlist" of agreed items, or anything. This is where you need to look at the Chicago landlord/tenant ordinance and see how many items the landlord complied with or failed to comply with. Ultimately it's a question of how believable you are versus what evidence the landlord has of the conditions, and costs. But before you get started check the ordinance because the landlord can't just arbitrarily "fix" things.
This is not meant as a definitive answer but a general narrative to assist you in heading in the right direction. Cited law may or may not apply to a specific set of facts. We nevertheless hope this is of some help to you.