Legal Question in Real Estate Law in Illinois

a former evicted tenant signed a lease beginning 2-1-15, and ending 8-31-15.He paid the first months rent of $500 + a security deposit of $500. ($1000 total) March rent was paid in the amount of $500. No rent for April was paid, with the excuse of water damage. In May, without renegotiating the lease, he decided the apartment was worth only $350. and sent a check in that amount. I returned it by certified mail and secured a lawyer for eviction. In June I received the former money order for $350 plus an additional $350 money order. I returned the $700. by certified mail to the tenant. He was evicted and we presumed that he had gone to the post office to collect the certified letter containing the money orders. We were wrong and it was returned to us. Do I have a legal right to cash those money orders, since he was evicted and did not comply with the lease, or must I send it back. if he were to have completed the lease I would have had $3500. We received a total of $1500. from him, including the Security deposit.


Asked on 10/19/15, 5:13 pm

1 Answer from Attorneys
Stephen Messutta

You only have a right to rent that was agreed upon for the relevant period; if there is a dispute as to what was agreed upon, you will have a choice of settlement or litigation. Without more information about the building and its location, no helpful answer can be given as to the security deposit.

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Answered on 11/09/15, 7:50 am


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