Legal Question in Landlord & Tenant Law in Illinois

My kids rented an apartment for 2 years (I was co-signer). They moved out at the lease expiration. This was on April14, 2009. Not one of us ever received any notification that there were damage charges owed until a collection agency called my son in October, 2009. We have been working with the collection agency since then to get information per what the damages were. When we requested itemized list of damages, receipts and pictures of damages done to the apartment, they sent an itemized list of charges (received yesterday 12/4) without pictures: 2 items we cannot dispute as we know that they are legitimate - 1 being the mini blinds were dusty and the top of the refrigerator was dusty (charged us $105 for cleaning per lease-unfortunately) and spot cleaning of the carpeting for $47 - son spilled something on the carpet and left a dime size stain. The other charges they are trying to collect for are 3 gallons of paint ($21), painting of apartment ($60) and $100 for replacing worn out sinks (? x2 bathrooms), replace some face plates, adjusting doors and caulking - the sinks were very old and worn when my kids were there - they did not damage either sink. My kids left the apartment in pristine condition - we even steam cleaned the carpets and we have pictures to prove the condition of the apartment when they moved out - including the condition of the paint on the walls. The only evidence of wear on the walls was spakle (sp?) where we filled in picture hanging holes. What are we legally obligated to pay this apartment complex? What was the statute of limitations on them having to notify us of damages? What is considered normal wear and tear after a 2 year lease? What Illinois law protects tenants from unscrupulous landlords/companies? How do we fight the collections showing on our credit? If we decide to fight this in court - #1 if we win, can we have them pay our legal fees - #2 is this worth paying the money to fight? Side note: we know they have done this type of unscrupulous thing to other tenants.


Asked on 12/05/09, 11:44 am

1 Answer from Attorneys
John Lee John D. Lee and Associates, LLC

This answer is given as a general response to a series of questions as a public service, and does not create an attorney client relationship, nor is it specific legal advice. You should talk with an experienced attorney to fully understand the facts and applicable law, and to review the written lease.

Generally, a notice by a landlord within a short period of time [April to October 2009] may be considered sufficient given that the tenants had moved and may have not left a forwarding address.

Consumers can dispute adverse facts of collection or missed payments or judgments on their credit reports by sending a written explaination to each of the three credit reporting agencies, and keeping a copy of those letters for your file.

If a person decides to fight a landlord dispute in court, either by responding to and answering a lawsuit filed by the landlord or by filing a lawsuit by the tenant, that person has no guarantees of winning, and may ask the court for filing costs and attorney fees, but the court has sole decision whether or not to give those costs and fees.

Is this worth paying the money to fight? Your decision based on the amount of money demanded by the landlord/collection agency, and the amount of court costs, attorney fees and your time if you lose.

Talk to an experienced attorney to help you evaluate your claims.

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Answered on 12/10/09, 12:31 pm


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