Legal Question in Real Estate Law in Illinois
unnecessary repairs to former rental property
We rented a duplex for 12 months, gave 30 days and notice, cleaned and vaccumed subject upon vacating. Landlord claims subject was ''trashed'', is claiming expenses to repaint entire duplex had non-washable paint on walls), clean carpets (claims covered in dog hair and stench) - dog was allowed and no stench either, clean bathrooms and kitchen (all counters, sinks and tubs were scrubbed), replace garage door (uninsulated) with minor dents. Who has the burden of proof? Are we expected to photograph or video tape a unit upon vacating or does the landlord need to provide evidence the repairs need to be completed? What would stop him from making alterations and photographing those to show a judge in circuit court? Are we over our heads with a civil suit?
1 Answer from Attorneys
Re: unnecessary repairs to former rental property
Some landlords make extra profit this way. So, pictures and videos when exiting are always recommended. You neglected to state where the "suit" if any is pending; things may get out of hand without a lawyer, but, it has been my experience that MOST judges are receptive to pro se clients. Most importantly, you also neglected to state how many units are in your complex. If there are more than a certain # of units, special rules apply regarding move-outs. I would recommend that you seek legal advice from a lawyer who has some experience in litigating this kind of case. GOOD LUCK!