Legal Question in Real Estate Law in Illinois
Security Deposit
I had a one year lease that contained no provision for notification upon moving out of the property. I lived in the dwelling for 27 months. I gave my landlord two days notice that I would be moving out of the property. The house was cleaned thoroughly, including the shampooing of carpets. I was told that I would receive my security deposit after the landlord had inspected the house. I spoke to his wife after the inspection and was told the house was in good condition. Three weeks later I received 1/5 of my security deposit with no explanation. I have tried to contact my landlord on three separate occassions, having left messages, but have received no response. Nearly 60 days have elapsed since I moved out of the property and I am seeking information on my legal rights.
1 Answer from Attorneys
Re: Security Deposit
Your question raises a number of issues. First, once your one-year lease expired and you continued on for another 15 mos., you were on a month-to-month tenancy (unless your original lease stated otherwise). In a month-to-month tenancy, you are obligated to give at least 30 days notice before you move out. Of course, this makes perfect sense because, by giving only two days notice, you really didn't leave your landlord in much of a position to rent the place with no lapse after you vacated.
As for the security deposit issue, while it is potentially tied into your lack of proper notice, there are other potential ramifications. Part of this depends upon where you reside. If, for example, you reside in the City of Chicago, the landlord would have, among other things, to have given you a written receipt for the security deposit when you moved in; provided you with a written detail of why the full amount was not returned; and given you interest on the amount held in deposit (actually, I think this latter requirement is by state statute).
Therefore, whether you are entitled to getting the full amount back depends, in part, on where you live, making a more detailed response here impossible.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.
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