This is the section that may allow renters to recover damages under the Illinois Security Deposit Return Act or even the Illinois Security Deposit Interest Act when the RLTO does not apply, or, in this attorney's opinion, even if the RLTO does apply.

     Examples where the RLTO does not apply but the Illinois Security Deposit Acts would apply include a five or six unit apartment building in Chicago that is owner occupied (Return Act applies, RLTO doesn't); or a Chicago apartment building with 25 or more units that is rented on a week-to-week but never a month-to-month basis (Interest Act applies, RLTO doesn't).

     Finally, in this attorney's opinion, the Illinois Security Deposit Acts should apply wherever a landlord covered by the RLTO and also the Illinois Security Deposit Acts is liable to the tenant under RLTO 080 for security deposit violations, and has also willfully failed or refused to comply with the Illinois Security Deposit Acts.  Under the 2006 case of Krawczyk v Livaditis, tenants cannot recover more than one award under RLTO 080(f) equal to two-times their security deposit even if the landlord has failed to pay interest, refused to properly account for a tenant's deposit after move-out, and also commingled the tenant's security deposit.  If the tenant is awarded two-times the security deposit for the landlord's commingling of the deposit, the decision in Krawczyk bars the tenant from the remedies allowable under the Illinois Security Deposit Acts (more awards of damages equal to one-times the security deposit or two-times the amount wrongfully withheld, or both, as long as the additional mental states of the landlord are proven).  RLTO 190 commands that the tenant should be awarded damages equal to (1) two-times their security deposit under RLTO 080(f), (2) one-times their security deposit under the Interest Act, and (3) two-times the amount wrongfully withheld from their security deposit under the Return Act, plus (4) attorney fees.