Legal Question in Real Estate Law in Illinois

A rental property ran back ground and credit check. Told me everything come back good except one issue. I was to make a payment arrangement with the company which i did, then I was in clear of application. I then recieved a call from complex saying (after making payment arrangement) that i have to go pay $50 now because they dont believe that I would continue to pay when I moved in, and If I dont go and make $50 payment even though my payments with creditor was only $20 a month I could not get apartment. Is this legal or is this discrimination.


Asked on 12/05/12, 11:40 am

1 Answer from Attorneys

This sounds highly irregular. If you complied with their first request then you were done and they shouldn't be able to ask for "more". Normally in a contract situation (which a lease is) one party can only ask for additional "assurances" if the other party has done something (like not pay rent on time) that could lead the other party to question whether there will be additional problems. Here you did what they asked and that should be it. Unfortunately it sounds like your landlord is not very sophisticated, and to get an attorney involved even to write them a letter saying they can't do this, will probably be more costly. Assuming the extra $50 is only additional security deposit, you might just consider giving it to them, getting a receipt showing the total security deposit including the $50 more, and a statement that this is the end of it. However, if they are demanding more rent be paid every month, that's quite another thing once you've signed a lease and done what they've asked they shouldn't be able to ask for more, and that's when I'd get an attorney involved because that could amount to a lot more money over a year! Best of luck.

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Answered on 12/07/12, 10:30 am


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