Illinois Complaint - Lessor Failure to Return Security Deposit

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US-01622
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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  • Preview Complaint - Lessor Failure to Return Security Deposit
  • Preview Complaint - Lessor Failure to Return Security Deposit

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FAQ

If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. You'll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.

In suburban Cook County, the landlord must return the security deposit within 30 days after the tenant moves out. The law in most of the rest of Illinois is as follows. 4 units or less: There are no specific rules. 5 or more units: The landlord must return the security deposit within 45 days after the tenants move out.

If a landlord fails to provide the itemized statement, does so in bad faith, or fails to return the security deposit within 45 days, the tenant has a claim for twice the deposit due, plus attorney's fees and costs.

You can sue your landlord to get back the amount of the security deposit that the landlord withheld, plus the costs of the lawsuit. In Chicago, you can sue for your security deposit plus twice the security deposit plus court costs. In suburban Cook County, you can sue for 2 times the security deposit plus court costs.

Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

Within 45 days of the date the tenant vacates the dwelling unit, a landlord must return all security deposit and required interest, if any, minus unpaid rent and expenses for damages.

The Security Deposit Interest Act (765 ILCS 715) requires that the lessor of residential real property, consisting of 25 or more units, pay interest to the lessee on any security deposit held for six months or more.

Normal Wear and Tear: Damage in Illinois, ?Normal Wear and Tear? refers to deterioration of the property that happens when the property is used as it was meant to be used, but only when that deterioration occurs without negligence, carelessness, accidents, misuse, or abuse by the tenant or guests of the tenant.

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Illinois Complaint - Lessor Failure to Return Security Deposit