Depositlaw Judgment Example 2

In this case the the tenant rented an apartment in Chicago from April 2004 to 2006. The tenant gave a $1200 security deposit and lived at the apartment 2 years paying $800 per month as rent. After Tenant moved out the landlord returned $700.

The landlord withheld $400 for rent plus $100 for "cleaning." Tenant did not dispute owing $400 in rent. But Tenant insisted the apartment was left clean. Tenant wanted his $100 back.

Landlord did not respond to written demands by Tenant's attorney for return of the $100. Tenant finally filed a lawsuit.

At trial the Tenant was awarded damages under RLTO § 080(f) equal to double the $1200 security deposit; or $2400. Tenant was also awarded return of his $100. The landlord attached no RLTO summary to Tenant's lease, so Tenant was awarded another $100 under RLTO § 170.

At trial Tenant raised an additional claim for damages equal to two-months' rent under RLTO § 140. That section says:

Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant:

(a) Agrees to waive or forego rights, remedies or obligations provided under this chapter;

* * *

A provision prohibited by this section included in a rental agreement is unenforceable.

The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision. If the landlord attempts to enforce a provision in a rental agreement prohibited by this section the tenant may recover two months' rent.

Trial judgment against Chicago landlord for RLTO violations

Tenant said Landlord attempted to enforce an illegal provision in the lease. Tenant pointed to a provision in an addendum to the lease that said:

Tenant said this provision was an illegal attempt to waive Tenant's rights under RLTO § 100, which requires that:

Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing:

(a) Any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common areas and provide notice of the pendency of any code enforcement litigation or compliance board proceeding pursuant to Chapter 13-8-070 of the municipal code affecting the dwelling unit or common area. The notice shall provide the case number of the litigation landlord the identification number of the compliance board preceding and a listing of any code violations cited.

Tenant then introduced certified copies of a housing code violation case filed against the apartment building just two months before Tenant signed the lease:

Chicago Building Code Violation Clerk of Circuit Court Certification of Copy

Landlord admitted he had never given Tenant written disclosure of the recent code violation when Tenant signed the lease. The court agreed that Landlord's failure to disclose the code violations was an attempt to enforce the provision in the lease addendum, and awarded Tenant another $1600 in damages for this violation of RLTO § 140.

Tenant's attorney was also awarded reasonable attorney fees, plus Tenant's court costs were taxed against Landlord. Everyone learned a valuable lesson.

CHICAGO SECURITY DEPOSIT