Legal Question in Real Estate Law in Illinois
Landlord charging me bogus vacating fees
I recently rented an apartment in which my landlord broke my lease and notified my I had 30 days to vacate (apts were being changed into condos). Since I didn't have $ to move out, I figured they can use my security deposit for last month's rent. Halfway through the month, I recieved a five day notice (failure to pay rent) - so I vacated. After I moved out, I received an itemized list of several charges. I know that some of the charges must be false, since they were gutting the place, I find it hard to believe they took time to clean a stove or fridge that was just going to be tossed out - or having a carpet cleaned I know was getting ripped up and thrown away. So I basically told her, I would like proof of payment, I know she claims the work was done, but provided no proof of payment. I told her I would not pay it, plus she owed me pro-rated rent for the 1/2 month I had to vacate early. She now turned it over to a collection agency. Do I just wait for this to show on my credit record and submit a rebuttal letter? Please advise. I do not want this on my permanent record. Thank you very much for your time.
2 Answers from Attorneys
Re: Landlord charging me bogus vacating fees
Your situation is a difficult one. If you want it to go away, without litigation, you must pay the exorbitant charges. If you do nothing, your credit will be ruined, and the landlord might sue you. The collection agency will definitely make life miserable until you pay, and possibly afterward as well.
On the plus side, the City of Chicago, and State of Illinois have fantastic pro-tenant ordinances and statutes. Should this matter ever come to litigation, the law will likely be on your side.
The facts in your case, where they claim they cleaned the apartment they intended to gut, the law requires extremely technical landlord actions. Very few landlords meet up with the letter of the law.
For example, did the landlord ever give you a receipt for your security deposit? Most do not. Did she give you a copy of the city landlord tenant ordinances? The law requires she do so. Did she give you credit for the interest on your security deposit? She must do that as well.
The best part is, if you are successful in your claims against the landlord, the landlord can be required to pay a portion of your attorney's fees.
I know my comments here do not help much with your immediate future, but eventually, you can come out ahead.
Good luck.
Re: Landlord charging me bogus vacating fees
I agree with the comments of Mr. Falli, who stated, in substance, exactly my thoughts. I add just one more, however: you can initiate suit against your landlord for failure to give back the proper amount of the deposit, and for any other relief you may seek. The landlord will likely counterclaim for the amount the landlord says is still due.
Many attorneys would take this case either on a contingency fee basis or, if paid hourly, subject to reimbursement if the court awards attorneys' fees, which are available under certain circumstances by ordinance.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
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