Legal Question in Landlord & Tenant Law in Illinois

My daughter decided on an apartment, gave the landlord $425 deposit, moved some of her stuff in and decided not to stay because it was still dirty, mold in the bathroom, a cockroach in the bedroom and the stove/oven wasn't working, and the blinds were all dirty/broken. The garage was not in working order and he said it would be fixed. She had stuff in there for only 2 weeks, it is all moved out, and he is not returning her calls so she can return the key and get her deposit back. It was month/month, no year lease. She should get this money back, right, what is our course of action? Do I file a complaint with the attorney general or what?


Asked on 12/23/09, 6:26 pm

1 Answer from Attorneys

Without a written lease there is nothing to 'prove' that the landlord had agreed to clean up or fix anything before, or after, move-in. Normally to cancel a month-to-month lease you have to give notice on the same date that rent is due, normally the first of the month. If the lease is in writing even though it is "month-to-month" you need to check to see if it required some other notice. From a factual standpoint, the problem here is that it is one thing to give a deposit on promise that a place will be fit on move-in; it's another to move-in even if the place is not as promised -- makes it seem as though it wasn't the landlord's obligation. Check in your town however if there is a landlord-tenant ordinance that imposes requirements on the landlord. If the place was that filthy, and apart from your daughter selecting such a place, a complaint to the local building department may also prove helpful. But without a lawyer who understands all of the facts, and some are missing, you and your daughter are at risk for losing the deposit and potentially a couple months rent. Good luck.

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Answered on 1/05/10, 2:13 pm


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