Security Deposit Law

 DEPOSIT RETURN EXAMPLES       

 

     In this case the the tenants signed a two year lease for a condo unit in Chicago.  Tenants gave a $1,035 security deposit and moved in.

     A couple months into the rental, the tenants decided they needed to break their lease.

     One of the tenants had her uncle, a partner at a national law firm, write the landlord a letter.  The landlord would not agree to the lease termination.  That lawyer told the tenants to find assistance from depositlaw.

     We also failed to convince the landlord to let the tenants terminate the lease early, or to return the security deposit.  About three months after the tenants moved out, and after sending a final email requesting return of the deposit, we filed the case.

     At trial the Court found that the tenants had legally terminated the lease through our office, that the deposit had to be returned under RLTO 080(d), and that the landlord failed to attach a summary of the RLTO to the tenant's lease in violation of RLTO 170.  The tenants were awarded three-times their security deposit plus $100 plus costs and attorney fees.

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THE COURT:  The defendant didn't give the plaintiffs a copy of the ordinance signed.  The plaintiff said they didn't get one.  The defendant said she gave them one.  There was a total difference.  I find that the defendant is not a credible witness and that the plaintiffs' testimony is true.  They did not get a copy of the ordinance. 

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I also find that the defendant failed to return the security deposit when it was due.  She has not stated that there was any damage to the apartment.  And in light of the effective termination of the lease, the plaintiffs were owed their security deposit.  So there's a judgment in favor of the plaintiff for the amount of the security deposit, $1,035 plus two times the amount of the security deposit as a penalty $2,070 plus $100 penalty for failure to attach a copy of the ordinance to the lease minus two days prorated rent and that is the judgment in favor of the plaintiff.  The plaintiff has leave to file a petition for attorneys fees within thirty days. 

   
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