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* Only At Complexes with 25 or more apartments
Cases
Kutcher v. Barry Realty, Inc. (1st Dist. 2005) Wang v. Williams (5th Dist. 2003) Dickson v. W. Koke Mill Vill. P'Ship (4th Dist. 2002) Haywood v. Superior Bank F S B (1st Dist. 1993) Munroe v. Brower Realty (1st Dist. 1990) Gittleman v. Create (1st Dist. 1989) Cook v. University Plaza (2nd Dist. 1981)
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* Only At Buildings with 5 or more apartments
Cases
Hoffman v. Altamore (2nd Dist. 2004) Ikari v. Mason Props. (2nd Dist. 2000) Evans v. International Village Apartments (1st Dist. 1988) Tobin v. McClure (3rd Dist. 1986) Mallah v. Barkauskas (2nd Dist. 1985) Hayward v. Tinervin (4th Dist. 1984)
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Many Illinois renters are not protected by any rules for security deposit return.
These are renters outside Chicago, Oak Park, Evanston, DeKalb, and Urbana who rent at buildings with five or fewer units. These unprotected tenants may still sue their landlords for return of wrongfully withheld security deposit, but are not entitled to double-damages or attorney fees even if they win.
But for Illinois renters at buildings with 5 or more units, the Illinois Security Deposit Return Act applies, which may award damages equal to double the amount wrongfully withheld plus attorney fees.
For Illinois renters at apartment complexes with 25 or more units, the Illinois Security Deposit Interest Act applies, which may award damages equal to the whole security deposit plus attorney fees, even if the amount at issue is less than ten cents.
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SECURITY DEPOSIT RETURN ACT Illinois Compiled Statutes Chapter 765 Section 710/1 Withholding security deposit - - Statement of damages - - Liability of lessor A lessor of residential real property, containing 5 or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair any damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair such damage. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises. Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided, the lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees. Section 710/1.1 Transferee liability In the event of a sale, lease, transfer or other direct or indirect disposition of residential real property, other than to the holder of a lien interest in such property, by a lessor who has received a security deposit or prepaid rent from a lessee, the transferee of such property shall be liable to that lessee for any security deposit, including statutory interest, or prepaid rent which the lessee has paid to the transferor. Transferor shall remain jointly and severally liable with the transferee to the lessee for such security deposit or prepaid rent. Section 710/2 Effective date This Act takes effect January 1, 1974 and applies to leases executed on or after that date. |
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