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Tenant
v Capreit Waterford Place Apartments Arlington Heights
Illinois Renters' Rights Enforced by
Class Action
This case pends against the
landlord of a
280-unit Waterford Place apartments
in Arlington Heights. The landlord kept most of the tenant's
security deposit for damage the tenant insisted was falsified. Also, after
a four-year tenancy, the renter had only been paid interest on his security
deposit once; after he moved out.
The proposed
class consists of more than 200 renters at this large apartment complex. Allegedly,
interest was not paid within 30 days from the end of each rental period,
as required by the
Illinois Security Deposit Interest
Act. Tenants seek damages equal to their
full security deposit amounts, plus costs and attorney fees, under the
Interest Act.
On September 12,
2008 the court denied the landlord's motion for summary judgment which
had claimed that, because it paid interest for all three years after the
tenant moved out, it had not violated the Interest Act. The court
rejected this attempt to avoid paying interest at the end of "each" 12
month rental period.
The case
still pends. If you have information about security deposit
refunds or interest at Waterford Place Apartments in Arlington Heights, contact
mark@depositlaw.com.
ALL LANDLORDS ARE PRESUMED NOT-LIABLE
UNTIL PROVEN LIABLE
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