Legal Question in Landlord & Tenant Law in Illinois

Security Deposit / Moving Out Notice

I moved into a suburban apt. in Jan of 2004. I paid the Security Deposit in cash and did not receive a formal receipt. I told the landlord shortly after moving in I would prefer not to sign a 1 year lease (but would sign a short-term 3-6 month lease) due to various factors within the area. She has not responded to this, put has continued to accept payment for rent. Now, 4+ months later, I really want to move due to the various conditions that continue to pop-up within the apartment( I live on the 1st floor and rainwater enters my apartment via Kitchen, 1 of the bedroom windows, and cabinet above kitchen stove where there is no window, etc.). How much notice am I required to give before moving and do I need to make some type of formal request for my Security Deposit?

Also are their any major differences in Tenant Landlord agreements in various areas (i.e. major city vs. small suburb)?

If so, how do I find out what applies to where I currently reside?


Asked on 6/01/04, 6:42 pm

1 Answer from Attorneys
Michael Perez Law Office of Michael A. Perez

Re: Security Deposit / Moving Out Notice

On a month to month lease you must give at least 30 days notice to move prior to the month you will vacate. For instance, your earliest opportunity to move now would be August 1st. You should give your notice in writing. You d not have to formally request your security deposit. However, you should mention that you are moving on a date specific. On that date make arrangements for the landlord to be present and inspect the property together and discuss any problems that could affect your security deposit. Remenber that the deposit is to secure that you return the property back in good condition save normal wear and tear. The security deposit is NOT RENT. Once you have tendered the apartment back I believe he has 45 days to return the deposit. If he does not he could be liable for penalties. Remember if you stay in the apartment for one day of any month you owe for the whole month. Unless you make prior written arrangements with the landlord you must be out before the end of the month. Good luck.

Michael

773 772-8989

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Answered on 6/03/04, 9:34 pm


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