Q: My landlord has not returned my security deposit for more than 45 days now and did not provide me with any estimates.
The landlord has not provided me with any receipts or estimates. Upon reminding her that its been 45 days she says i owe her money instead and refused to give back security deposit. What do i do?
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A:
Based on the information provided, it appears you're dealing with a potential violation of Illinois landlord-tenant law regarding security deposits. Here's what you should know and consider doing:
1. Illinois Law:
In Chicago, landlords are required to return security deposits within 45 days of the tenant moving out. If they're withholding any portion of the deposit, they must provide an itemized statement of damages within 30 days.
2. Documentation:
Gather all relevant documents, including your lease agreement, move-out notice, any communication with your landlord, and proof of the condition of the apartment when you left (photos, videos, move-out inspection report if available).
3. Written Demand:
Send a formal written demand letter to your landlord via certified mail, return receipt requested. In the letter, cite the relevant law, request the return of your full security deposit, and give a deadline (e.g., 7-14 days).
4. Small Claims Court:
If your landlord doesn't respond or refuses to return your deposit, you may need to file a case in small claims court.
5. Penalties:
In Chicago, if a landlord willfully fails to comply with security deposit laws, they may be liable for two times the security deposit plus interest and court costs.
6. Counterclaim:
Be prepared to address your landlord's claim that you owe money. If you dispute this, gather evidence to support your position.
7. Legal Assistance:
Consider consulting with a tenant rights organization or a landlord-tenant attorney. Many offer free consultations or low-cost services.
8. Document Everything:
Keep records of all communications with your landlord from this point forward.
Remember, while this information is based on general Illinois and Chicago landlord-tenant law, your specific situation may have nuances that require professional legal advice. If the amount in dispute is significant or if you're unsure about how to proceed, it may be worth consulting with a local attorney who specializes in landlord-tenant law.
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