Legal Question in Landlord & Tenant Law in Illinois

security deposit refund

I have vacated my apartment and handed over the key on 10-1-08.I did not hear any thing from the management ,so I sent them a fax 2 months later requesting refund of my security deposit,which was responded to .So I called the book keeper and I was told janitor did not give a report yet and she would call back later.She did call to let me know that they are keeping the deposit because the apartment was dirty and I left some things ,which they had to throw away,which is not true.When I requested an itemised bill,I was told they are not required to do so and they have pictures.I left a message on building manager's voice and he did not respond either.

I tried to schedule a walk thru inspection with janitor(before vacating) and I left a message on his voice mail and he did not call back.The office staff also said that they had left a message for him.(The janitor says that i never called him,altough he agrees that office staff did call him)

In the end I had to hand over the key to office receptionist,with out inspection.

Because of the fact that neither did they send me the itemised bill nor the deposit,am i entitled to full refund of this amount(650 $) if i go to small claims court.please advise.Thanks


Asked on 12/14/08, 12:58 am

1 Answer from Attorneys

Motty Stone Law Offices of Motty Stone

Re: security deposit refund

You former landlord is violating Illinois law. You should hire an attorney and take them to court. You could be entitled to your court fees, attorney fees, and up to three times your security deposit. Unless this is a tiny apartment with less than 5 units, they are obligated to give you an itemized list of damages and have already missed their deadlines.

Please feel free to give us a call if you want to talk further about this issue.

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Answered on 12/14/08, 7:54 pm


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