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FREQUENTLY ASKED QUESTIONS
1. I
moved out of my apartment in Chicago, or Illinois, before
my written lease expired, but my landlord told me it was
OK and they would try to find another renter. Now
they are saying they will keep my security deposit because I owe
rent. Can they do this?
Yes and no. Unfortunately it will usually be
"yes." If you could really prove that your landlord
accepted your surrender of the property and agreed to
release you from the lease, legally that ought to get
you out of owing the rent. But how will you prove
that without a written agreement? We have seen
instances where the nicest landlords forget or deny what
they said to a tenant when it comes to costing them
rent. You should never rely on your landlord's
verbal promise to release you from your lease.
When landlords complain about
being penalized for technical rules they didn't
understand, their hardship is nothing compared to the
effect of this longstanding rule in Illinois: Even
if your lease was not in writing, you will usually owe rent
for an extra month after you move out unless you gave
written notice at least 30 days before the start of the
calendar month you do not want to be liable
(so to terminate your lease effective October 31, you
must have given written notice no later than October
1... To terminate by March 1, must have given notice no
later than January 28). We see so many landlords
and their lawyers who love invoking this rule to justify
keeping a good tenant's security deposit.
It's important to add that
everywhere in Illinois your landlord has on obligation to "mitigate damages" -
to make a good faith effort to re-rent your unit.
But practically all they have to do is show they put an ad in the
paper and if they don't re-rent it, you owe the rent
under the rest of your lease. Or if they do
re-rent it, but for less than you agreed to pay in your
lease, then you are liable for the difference for the
rest of your lease. You will be entitled to credit
for whatever the new tenant pays during the remainder of
your lease.
2. I
heard I can break my written lease because I lost my
job, or I got transferred, or bought a house. Is
this true?
No. Your lease is a contract. Not even the
best excuse will get you out of owing rent for all 12
months (except a credible threat of domestic violence). However,
we are often able
to legally break Chicago and Oak Park renters' leases on
technicalities in case you really need to move out.
3. I
rented a house or condo or apartment in a building with less than
five units that was not in Chicago or Evanston, DeKalb,
Urbana, or Oak Park, and after I moved out my landlord
didn't send me a written explanation for what they were
doing with my security deposit, and still hasn't
returned it. Can I sue them for two-times the
deposit plus costs and attorney fees?
No. The Illinois Security Deposit Return Act only
applies to buildings with five (5) or more units.
You can still sue your landlord in small claims court
for return of your deposit, but even if you win your
landlord will probably not have to pay your attorney
fees or anything more than the court costs and your
deposit. If you do not like this, (we do not like
this), please write a letter to your state
representative or senator and ask them what they are
doing in Springfield to protect renters in their
district who rent at buildings with fewer than five
units.
5.
OK - but what if I rented a condo in a big building with
hundreds of condo units outside of Chicago or Evanston.
Even though my landlord only owns my unit, don't they
have to follow the Illinois Security Deposit Return Act
/ Interest Act because there's more than five or 25
units in the building?
No. Settle down. Your landlord has to be
a "lessor of" five or twenty-five units to be covered by
those Acts. Just being the lessor of one unit in a
building with tons of units doesn't make them covered by
the state law. In Chicago and Evanston though,
your landlord would be covered.
6. Does the Chicago RLTO apply to all of Cook County?
No. Just Chicago. Evanston also has a
watered-down RLTO that is not as powerful for renters as
the Chicago RLTO. The rest of Cook County has just
the statewide security deposit acts, with Mount Prospect
and Oak Park also offering slightly better protection
for tenants than the state law.
7. How
much of my time will a case with DepositLaw take up?
Most clients only need to appear at one court
appearance; their trial. Mark at DepositLaw handles
all status dates and motion hearings. Many clients
never even meet Mark in person, and a majority of
DepositLaw cases settle before a trial. After Mark
receives a client's documents from their rental and
sends their landlord a letter or files a complaint in
court, resolution of a case can take from two weeks to
two years. Regrettably the outcome is highly
dependant on the facts of the case and the personality
of the landlord.
Click
HERE
to fill out and submit a questionnaire for a free review
of your tenancy situation. Email to
mark@depositlaw.com or call (312) 775-1015.
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