Legal Question in Real Estate Law in Illinois

Suing for security deposit

I moved out of the apartment I was renting 55 days before the end of my lease. The lease was a standard rental lease. I notified the landlord verbally the month prior that I would be moving out of state. She rented the apartment to a new tenant, who moved in the day I moved out. She told me that she would mail me my deposit as soon as the new tenant paid hers. I spoke with her once more over the phone, when she told me that she had given the new tenant until the 1st of month and would mail it then. I continued to call her over the next 2 1/2 months. She didn't return any of my phone calls and never informed me of any damages to the apartment. Do I have a case in small claims court to get my security deposit back.


Asked on 7/03/00, 3:40 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Suing for security deposit

Yes. You may also have a case for interest, damages and attorney's fees depending upon the lease provisions and whether or not you fall within the landlord/tenant act, as you may well.

Email us at [email protected] if you wish a no-cost consultation online with our CO attorney.

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Answered on 9/08/00, 1:54 pm


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