In this case the the tenant rented an apartment in a three-unit building on Shakespeare Avenue in Chicago from August, 2005 to April, 2007.  Tenant gave a $750 security deposit. 

     After move-out the landlord returned only $300, keeping the other $450 for alleged damages.  No interest was paid on the security deposit.

     DepositLaw sent a letter to the landlord.  Return of the $450 plus damages plus interest were demanded. 

     The landlord's attorneys wrote back claiming the building was owner-occupied during the tenancy, so the RLTO did not apply (under RLTO § 020).

     The Tenant was sure that the landlord had not lived at her 3-unit building with her.  Through DepositLaw the tenant filed suit for violations of the RLTO.

     At trial the Landlord presented his own, his brother's, and Tenant's neighbor's testimony that the Landlord had actually lived as the roommate of one of Tenant's neighbors in the building.  Tenant testified she never saw the Landlord living at the building in two years. 

     Tenant also presented a copy of the Landlord's mortgage where the Landlord said his address was on Damen, not Shakespeare.

     The judge found that the building was not owner occupied, and so the RLTO applied.  The Tenant was awarded damages under RLTO § 080(f) equal to double the $750 security deposit; or $1,500, because landlord violated RLTO § 080(a) by commingling and (c) by failing to pay interest. Tenant was also awarded the $750 deposit back, plus court costs and attorney fees.

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