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I moved out July 15, gave my LL 60 days notice before moving. LL did not ever do a walk through with me, though I requested it twice.
30 days has passed as of Friday, and the only letter I have received from LL was saying that there were some things to be taken care of from the deposit and he would send me the receipts "when he had a chance." I received that around July 26. I am planning to will wait until Tuesdays mail just in case he mailed something on Friday or Saturday, but I'm not counting on it.
Anyway, my understanding of IL law is that since I have not received a list of estimated or itemized deductions, no receipts, and now no deposit within 30 days, I can actually demand the full deposit back with no deductions, correct? I am planning on sending him a certified letter Wednesday citing IL law and demanding the return of my deposit.
Has anyone done this successfully, without having to go to small claims court?
Im not sure on Ill, but OH LL have 30d to send deposit + list. If they dont, you can file in small claims for double damages. You can send a demand letter and just explain the law and see what happens
Yes. It's successful in many, many cases - possibly even in the majority of such disputes. Even if it goes to court a huge number of the cases are settled through mediation before even getting into the courtroom.
I had success with a demand letter, but it wasn't IL. But it was regarding situation where landlord missed deadline to send letter to former tenant regarding list of reasons for deductions from security deposit. Landlord didn't send any letter (no calls or texts either) and didn't return any money at all. There was no damage to the rental/no back due rent, proper notice was given and there was no reason for the landlord to deduct anything.Yet landlord simply kept the security deposit and woudn't respond to emails/calls about it.
After demand letter was sent certified/return receipt - then landlord returned entire security deposit.
Demand letter quoted the exact law regarding the deadlines for landlord to send the letter to tenant about security deposit deductions. Demand letter stated that this deadline had passed. Demand letter stated the date written notice was given for move out, and the date the property was turned over to the landlord.
Demand letter stated that the full security deposit to be returned by XXX date, else tenant will file lawsuit. Same demand letter also quote the state law that allowed winning party to be awarded attorney fees from losing party.
I moved out July 15, gave my LL 60 days notice before moving. LL did not ever do a walk through with me, though I requested it twice.
30 days has passed as of Friday, and the only letter I have received from LL was saying that there were some things to be taken care of from the deposit and he would send me the receipts "when he had a chance." I received that around July 26. I am planning to will wait until Tuesdays mail just in case he mailed something on Friday or Saturday, but I'm not counting on it.
Anyway, my understanding of IL law is that since I have not received a list of estimated or itemized deductions, no receipts, and now no deposit within 30 days, I can actually demand the full deposit back with no deductions, correct? I am planning on sending him a certified letter Wednesday citing IL law and demanding the return of my deposit.
Has anyone done this successfully, without having to go to small claims court?
Almost all States have 15 days if no deductions and 30 days to send the letter of deductions and some States require specified statement...not all require that.
We had a tenant move out today and upon inspection we only saw normal wear and tear and the check for the security deposit is in the mall to get them their money back. This tenant moved out by breaking the lease and paying the lease break fee due to buying a house. We consider them good tenants since they did the right thing!
Usually if you send the LL a clear letter by certified mail using the proper legal wording you may find online the LL may think that they are dealing with an informed tenant who otherwise will go to court. If you can deal with it outside of court it will save you time and money and the risk of losing.
So here's the situation: I sent the LL a certified letter at the beginning of September explaining that I had not received any receipts/invoice/list of deductions and 45+ days had passed since I vacated the property, so I expected my security deposit returned in full, and I included the IL statue that states the rules. Well, LL didn't pick up the certified letter (it went to a PO Box) until OCTOBER 7TH.
Well, of course I have not received any response or check. I asked a lawyer friend of mine if he would send a polite but forceful letter to LL and he said he would, but he wouldn't want to have the LL get his lawyer involved and escalate the situation. He suggested I send one more certified letter, and then consider filing in small claims.
That is what I'm probably going to do, but I live in another town a little over an hour away now, so filing in small claims means I will have to drive there to file the papers, then drive back up for the court date. Also according to the IL statute if I have to file I can actually ask the judge for double my deposit plus filing fees.
The deposit is $1250, which may not be a lot to some of you, but is a lot to me and I'm not willing to walk away from that amount.
Any suggestions? Do you think I should go with another certified letter, or just go straight to small claims and file? Or get my lawyer friend to send a letter? I appreciate any suggestions.
On a side note, could some of you landlord's explain why this guy is doing this? He has been a LL for a long time, so he knows the law. Why be such a jerk about something?
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