Legal Question in Real Estate Law in Illinois
security deposit
I met with a man who rents apartments for a family that owns a few properties. He showed me an apartment that I liked. I gave him a security deposit without signing a lease or agreement, informing him that I would need to discuss the rental agreement and other information with my father (who would be a cosigner on the apartment). Three days later, I knew that I could not get the apartment because of cost and the start date of the lease. I phoned him and informed him that I could not get the apartment and asked for my security deposit back (which he never informed me was non-refundable or gave me any other information on obligations). He informed me that he would not give me my security deposit back until if/when the apartment was rented. The start date for the lease is still six weeks away and I have no guarantee that they will attempt to find tenants. Therefore, I cancelled the $1,500 check so that they could not cash it and not refund my money. Was this okay to do? Did I break any laws? Did he break any laws?
2 Answers from Attorneys
Re: security deposit
It's hard to say what will happen...my crystal ball is currently out for repairs. Let's wait to see what, if anything, he will do.
Re: security deposit
You'll probably be OK - you can just wait to see what he will do - he will unlikely sue you for this but there are no guarantees in this world! From a moral standpoint, the guy pulled a mean stunt!