Legal Question in Real Estate Law in Illinois

Deposit refund

I rent rooms out in my house. I held a room for 2 weeks for a girl and finally Friday she brought the deposit to my house. Saturday she left me a voice mail saying she decided to move to michigan and she wanted her deposit back. I told her if I rent the room by next week I will refund it 100% but in the mean time I have passed up 2 people who wanted to move in by this week and now they are no longer interested. Do I have to refund her her money legally right now


Asked on 8/14/00, 4:47 pm

1 Answer from Attorneys
Zedrick Braden III

Re: Deposit refund

Hello. Thank you for your

question. In Illinois, a

security deposit is held by

a landlord for the purpose

of using the funds later for

the repair of damage to the rental space, after the tenant has vacated the premises. The damage referred to here pertains to damage above and beyond ordinary wear and tear. For this reason, it is my opinion that you legally are obligated to refund the security deposit to the young lady who has now decided to move to Michigan. In the long run the refund of the security deposit will probably be far cheaper than having to pay the cost of defending against a lawsuit.

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Answered on 9/19/00, 10:53 pm


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