Chicago, IL asked in Contracts and Landlord - Tenant for Illinois

Q: Hello I need your help, please a recommendation, or something My ex Renter doesn't wanna give back my deposit back

I moved from the house where I was renting and I had given a deposit of $1,100 and soon after I vacated the house I took out all my things.Handed the Owner His keys , The owner came and I asked him about my deposit and he said NO! That according to him, the Deposit is used and covers all the repairs of the house but HAS NEVER DONE ONE!

The only time it has spent is when the bathroom got clogged and the Owner just bought liquid that didn't even work and DID NOT UNCOVER !!!!

In fact, that time from the bathroom it was covered, all the water was collected and there was a dump in the house, the whole kitchen was flooded.He has canceled the city inspection 3 times already because he has a very ugly hole in the kitchen and he never fixed anything, I called the police and according to him, he says that the repairs that are worth more than $3,000

And I'm thinking of taking him to court, it's not fair. He Has Never spent to repair the house

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1 Lawyer Answer
Dragan Ivetic
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  • Chicago, IL
  • Licensed in Illinois

A: The answer will depend on the terms of the lease agreement that you had, which we do not know. However it is typical that a security deposit may be used to cover repairs to the property after you move out that are needed to restore the property to rent to another person. The lack of repairs during your term is not determinative.

That being said - there are often limits or requirements to document the use of security deposits for repairs, especially if the lease is in a municipality that has a strict landlord-tenant ordinance (Chicago and Evanston are examples). Also it is unclear if the damage that is mentioned is the result of your tenancy or pre-existing (or neglect of the landlord). It is possible that you have a claim. The best way to find out an answer is to take a copy of your lease agreement to a lawyer that specializes in landlord-tenant cases and ask for a consultation. Some lawyers even do free consultations. They will tell you if they think you have a case, and what to do if so. Good Luck!

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