Legal Question in Landlord & Tenant Law in Illinois

Lease / Security Deposit
When I moved into my apartment six years ago my landlord requested first month's rent, one month's security deposit plus $500 as a pet security deposit for my dog. He increase my rent approximately 8.5% after three years, but a new lease was never drawn up.

Six years have passed. On February 2 I gave two months notice that I was moving. He asked me to draw up a formal letter stating that I was moving. I did that, stating the day I would be out, and that I would be using the security deposit as my final month's rent (plus a check in the amount of the 8.5% increase). He still has the pet security amount (the dog died three years ago). In my letter I stated that I would like the $500 back upon my departure.

He has been in the apartment several times and knows that everything has been kept in exceptional condition; however, three weeks after receiving my formal letter he is now stating that he expects the full amount for the final month's rent. No mention was made of the pet security deposit. Do I have any recourse? I would like to use the money for my new apartment.

Asked on 3/03/04, 8:53 am

Mary McDonagh McDonagh-Faherty Law Offices

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Re: Lease / Security Deposit

You are obligated to pay the final month's rent. He must return your security deposits within 45 days.

Answered on 3/03/04, 10:09 am

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