Legal Question in Real Estate Law in Illinois
Illinois landlord/tenant law
I recently signed a rental agreement to take possession of a condo unit on 7/1/99. I also wrote the owner a post-dated check for the amount of the security deposit only; He agreed to wait till the move-in date to be paid the first month"s rent. I recently informed him that I would be unable to possession to which he replied that he intended to cash my check for the security deposit to cover his July mortgage payment.
My question is what recourse if any do I have and what are my obligations to the owner of this property
1 Answer from Attorneys
Re: Illinois landlord/tenant law
There is some case law in Illinois that states that a landlord can't use a security deposit for rent. But one cant't be sure that this rule would apply in your situation. More facts are needed. Please contact an experienced real estate attorney in your jurisdiction for advice that specifically applies to your situation.
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