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Tenant v.
IK Apartments, LLC Illinois Renters' Rights Enforced
by Class Action
The tenant moved in a month
before this 300-unit Schaumburg apartment
complex was sold. She gave the old owners a $929 security deposit.
Then they sold the place.
In March, 2007, the
complex was sold by Schaumburg Village, LLC to new owners IK Apartments,
LLC. Some sources on the internet say the name of these apartments is "Grand Vista of
Schaumburg". To others it's Schaumburg Villas. Either
way, they're alleged to have been bad.
Allegedly,
interest was not paid within 30 days from the end of the tenant's 12-month rental period, or
ever. The tenant's security
deposit was also allegedly withheld after move-out without any written explanation.
No deposit has ever been returned.
One might speculate that
the new landlords felt they were not responsible for tenants' security
deposits given to the old owners. But under Section 710/1.1 of the
Illinois Security
Deposit Return Act, "Transferee liability," both
the old landlord and new landlord are responsible for the
tenant's security deposit.
The tenant engaged
Prepaid legal to send a demand letter to her landlord. The
landlord ignored the letter.
Then tenant found
DepositLaw and brought their claims under the
Illinois
Security Deposit Interest
Act and under the
Illinois Security
Deposit Return Act. The tenant filed on
behalf of herself and other tenants similarly treated at the apartments.
The tenant's complaint seeks damages equal to three-times the deposit
plus return of the full deposit plus interest, plus costs and reasonable
attorney fees.
The case still pends. If you have information about security deposit
refunds or interest at Schaumburg Villas Apartments or IK Apartments, contact
mark@depositlaw.com.
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