Security deposit not returned, HE (lease, insurance, lawyer)

[BTS]

We rented a house in Du Page county. After the lease expired and we moved out, the landlord claimed that there were scratches on the glass door of an over-the-range microwave and withheld $500 from my security deposit. The rest of the deposit was not returned within the 21-day period specified in the lease (but has been returned since). The microwave is over 10-years old. How should we resolve this? All advice appreciated. [LEFT]

[/LEFT]

[knat_2]

Well what type of scratches were these? If they were minor then your being ripped off, but if it was something that means he has to replace the microwave, I would ask for a receipt showing the cost to repair it or replace it.

If he cannot provide a receipt then I would demand all the money back. Generally they need to provide proof of how they spent that money (cleaning bills, etc).

If all that fails, I would talk to a lawyer.

[linicx]

There is small claims too. He won't show you a receipt to you he can show it to the judge. You can buy a good microwave for $100. Your best defense is to check with BB, Sears, and Cosco and see just exactly what it costs to replace and over the hood microwave. It is not $500. You can take that to the judge, too. See if you can find a model number to learn just how old the unit is that he is whining about. He should have insurance anyway. It sounds like you've been suckered. Those glass windows do not scratch that easy.

[knat_2]

Originally Posted by linicx

Those glass windows do not scratch that easy.

If they did, we would have some radiation issues on our hands...

[BTS]

Thanks for the reply. The scratches are from cleaning, hardly visible. They have now stopped responding to my emails and voicemails. Would love to hear from others what they'd do to resolve this.

[knat_2]

Stop by their office or house and demand a receipt and refuse to leave until you get one (heck I would probably show up like 20 min before the office normally closes to force the issue - people don't like to stay after 5 and will be more willing just to give you what you want and get you out of there).

I would be as big of a dick as I can about it until you get every penny back. $500 is a lot of swag!

If they resist, write down everyones name you have talked to and go to a lawyer to see what they think.

According to rentlaw.com - Illinois Security Deposits - IL law states that:
"a statement of damage allegedly caused by the tenant and the estimated or actual cost of repairing or replacing each item on that statement. "

And it looks like they have 45 days to give you your deposit back, so thats probably not something to hold over them.

Heck reading up on tenant law also states:

"The landlord must hold a security deposit, separate and apart from the landlord's own funds, in a federally insured interest-bearing account and must provide the tenant with a receipt for the security deposit.... The landlord must also pay interest on the security deposit." I would demand to see that proof also and demand your interest.

And if it all fails, here is what you are entitled:
"In the event that the landlord fails to comply with any provision of Section 5-12-080 , a tenant may be entitled to a return of the deposit plus a penalty of two times the security deposit plus costs and attorneys fees."

I would demand a receipt or threaten that. Maybe send it to them in a nice certified letter with a deadline of 2 weeks from now or something.

Attorney Illinois Tenant Security Deposit Return Services - Lawyer Richard Magnone