Q: Should I file a claim against a company that will not give me my deposit fee back?
I did not get a notice on whether I got accepted to rent an apartment. I called landlord after not hearing back for two weeks and informed landlord I was no longer interested. Landlord said she would let company know. A month later no deposit check back. Called company and they said its used for first months rent. I am confused because I did not move in at all. No one called me to say I was approved. I have not step foot in the apt or have the keys. Wondering what I should do next. Please help!
A:
Illinois Statute (765 ILCS 710) is directed towards all landlords in Illinois for residential property containing five units or more in an apartment complex or in a single building. Under the Illinois statute, a landlord needs to return the security deposit within 30-45 days, of vacating the premises.
In this case, you never occupied the premises. This appears to be another example of the landlord
taking advantage of a "would-be" tenant. Many landlords do not understand the law.
The best solution to recovering your security deposit is to send a letter via certified mail requesting the deposit back. If the landlord does not respond, you may be ready to take some further action. At least you have evidence that he was contacted.
Sometimes a letter from an attorney alerts the landlord that the tenant is ready to take legal action. If the landlord does not comply with the attorney letter, you may need to bring an action in the municipal court for the security deposit amount and any penalties available to you under the law. If is goes that far, the landlord would be responsible for covering your legal costs, and a judge might award (no guarantees) double your security deposit.
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