My lease ended two months ago and I still have not received my security deposit. Should I sue?

Question

By Illinois state law (Municipal Code, Title 5, Chapter 12, Residential Landlord and Housing Ordinance, 5-12-080), landlords are required to pay back a tenant's security deposit within 45 days after the termination of the lease period (07/30/2006), "If the landlord fails to comply with any provision of Section 5-12-080 (a)-(e), the tenant shall be awarded damages in the amount equal to two times the security deposit plus interest rate..." Should I sue for this amount? She says she will pay me back $415 (security deposit amount) minus $200 (some late fees since I misunderstood payment date information). I think it's ironic that I'm being charged late fees for 3 days of tardiness when the landlord is over a month late with hers security deposit! Please help...again should I sue? If so, how should I go about this and for what amount? Twice? Are the late fees to be considered? Thank you so much!

By Illinois state law (Municipal Code, Title 5, Chapter 12, Residential Landlord and Housing Ordinance, 5-12-080), landlords are required to pay back a tenant's security deposit within 45 days after the termination of the lease period (07/30/2006), "If the landlord fails to comply with any provision of Section 5-12-080 (a)-(e), the tenant shall be awarded damages in the amount equal to two times the security deposit plus interest rate..." Should I sue for this amount? She says she will pay me back $415 (security deposit amount) minus $200 (some late fees since I misunderstood payment date information). I think it's ironic that I'm being charged late fees for 3 days of tardiness when the landlord is over a month late with hers security deposit! Please help...again should I sue? If so, how should I go about this and for what amount? Twice? Are the late fees to be considered?
ANOTHER THING: I've called her and she's had excuses like "my husband got sick and i lost your address." thanks

The main thing is that she says I owe 200 bucks in late fees because of a contractual misunderstanding on my end. I am trying to avoid paying this amount by exploiting the fact that she has violated state law by, ironically, being late with her payment. She said that the $215 she will send in the mail today but the additional $200 are my fault. Any ideas now?

Answer 1

Send a Registered letter to him and keep a copy of it yourself. This way, the LandLord can not say he didnt "know" that you wanted it back.
Also, tell him that you are going to take him to small claims court if he doesnt comply.


If after another month, then take him to small claims court.

You may want to email the Attorney General in your State and see what can be done, because 90% of small claims court, even though you win, go unpaid!

I wish you well..

Jesse

Answer 2

it is always best to resolve matters out of court if possible. i have found that the small claim judges do not always have to follow the law to the letter. i would examine the lease again. it may say that if you are late in making your rent you lose your deposit. it may say that you have to make a written request in order to receive it back. the late fees have to be clearly spelled out in the terms of the lease and have to be resonable and in line with industry standards in your area. tenant landlord laws are different in every state. in SC they have to write you a letter and give you an itemized list of the deductions from the deposit. if not there is a penalty. a good judge with take your damages into consideration to determine the amount of judgement. most are reluctant to award any damages that are punitive. check to see if there is a statute covering conversion. this is a civil tort very similar to fraud. it is when someone takes your money and converts it to their own use. if they do not have a serperate account just for deposits you may have a case for conversion. in SC you get 3X the amount. judges see too many people today that think court is a cash cow. their job is to see that there is a fair settlement under the law. you may have a problem convincing a judge to award you anything other than the deposit less any damages the defendant can prove. small claims court takes a lot of time and is very frustrating. nothing like you see on tv. avoid jury trials. there is no appeal. if the judge makes a mistake you can appeal. you will have to miss work to go to the hearing. so the pain-in-the-butt factor may be more than the $200 they plan on keeping. oh, you do have to notify them with a demand for the return of your deposit and give them 10 days to reply.

Answer 3

This is what I would do:

1. Write them a letter stating that they are in violation with the law, and therefore you demand your entire deposit back (with no deductions), within 7 days. Mail it by certified mail, and keep a copy.
2. If they refuse to comply, or if they try to take any deduction from your deposit, then sue them in small claims court for your twice your deposit, plus interest. It is very simple, just go down to your local courthouse, and talk to the small claims court clerk. They will give you the paperwork you need, and they will probably be able to arrange to serve your landlord. All you have to do is fill out the paperwork, serve your landlord, and go to court. Make sure you bring all the evidence (letters, checks, lease, etc.) to court with you.

Answer 4

just ask the landlord....if she found the rental in substandard conditions...she doesn't have to give you anything back.

If you ask, and the landlord can't give you a good reason why you don't have it, then ask for a check. If they say they won't give you a check, but will not give you a reason why, then contact small claims court.

FYI>>>for this small amount of money, it might cost you more to hire an attny than to do this yourself...plus you already seem to know the law pretty well. Don't go for too much or the judge will think you are greedy. just ask for what the law allows, minus any deductions you agreed to take.

Answer 5

Security deposits are tricky to recover since they're mainly used to cover damages other than normal wear and tear, but the land lord needs to provide an itemized list of any said damages. A lot of lawyers will give consultations over the phone; if you cannot find one, call the Department of Human Services and they can refer you to someone who can help you. I hate to say it but most judges side with landlords, so every time I leave a security deposit, I consider it as gone since they're so hard to get back. But if your landlord promised you at least $215 then you have a case.

Answer 6

Send a copy of this statute via certified mail, with your request for the deposit with a timeline. For instance, "within 10 days"

keep a copy of the letter, and reciept. If they do not respond, take them to small claims court. Go to your county courthouse, clerks office, with all the information they will give you a form to fill out. Make sure you have the correct name(s) to list on the lawsuit. You can list more than one, such as, "john smith, of smith properties".

It is fairly inexpensive to do this, usually around 30-50 dollars. You also then pay around 25 dollars to have the sheriff office serve the party you are suing. If you win, you get your expenses paid back by the party you sued along, with your settlement.

Answer 7

Not being familiar with Illinois State Law, my initial recommendation would be to check your actual lease agreement between you and the landlord. In many cases, the contract itself can supercede "book" law.

You may also have to prove up the dialogue between you and landlord . . . . hopefully you have everything in writing.

After reviewing your contract, I would recommend that you reduce your demands to her in writing - certified mail (or something she has to sign acknowledging receipt).

According to the quote you provided, you have a right to sue for "two times the security deposit plus interest rate..." so I'd definitely sue for the maximum amount if you decide to sue.

Answer 8

It's called SMALL CLAIMS COURT - and you can't ask for more than what they owe you.

NOW, according to the LAW you also had 7 days to provide them with a new mailing address and a survey of the apartment when you left. DID YOU DO THESE THINGS? because if you didnt, they don't owe you a PENNY.

I suggest you call them, before you file a claim against them and ask.

Answer 9

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Answer 10

You drafted a great letter to us with sources.

Just re-write it to the apartment manager. If they don't respond within 72 hours (or whatever perimeter you give them), then call a lawyer whose expertise is rental law. Have him/her draft a letter on their stationary, and the apt manager will probably comply. No need for court fees, time and trouble and stressing over this.

You seem to have it pegged right now.