Chicago Illinois plaint regarding Failure to Return Security Deposit
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How to fill out Illinois Plaint Regarding Failure To Return Security Deposit?
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FAQ
In Chicago, the landlord must return the security deposit within 45 days after the tenant moves out unless it is an owner-occupied building with 6 units or less. If the tenant moved out because of a fire, the landlord must return the security deposit within 7 days. The law in most of the rest of Illinois is as follows.
If your landlord has not protected your deposit within 30 days, you can take legal action against them, including claiming back up to 3X the original deposit amount as compensation.
You may sue your landlord if they still owe you money: If the landlord does not send you a list of repairs or expenses after 45 days, then you may file a case in small claims court in the county where the unit was located or where the landlord lives.
If your deposit didn't need to be protected If you can't agree about some or all of your deposit, you might have to take your landlord to the small claims court to get your money back. You'll usually have to pay some court costs to go to small claims court but you should get them back if you win your case.
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.
If the list includes estimated costs, then paid receipts are due within an additional 30 days. If a landlord violates Cook County security deposit law, the tenant may claim a penalty of two times the deposit, plus return of the deposit itself, plus attorney's fees and case costs.
(See Section 5-12-080) In addition to these duties, within 45 days from the date the tenant vacates the premises, the landlord must return the security deposit to the tenant. However, the landlord may deduct any unpaid rent or any amounts needed to repair any damage to the premises.
A tenant who refuses to take part in the inspection process, and damages have been found, is liable to receive their remaining deposit 21 days from the expiration of the lease. If a landlord refuses or has failed to refund the tenant their deposit, the tenant may approach the Rental Housing Tribunal.
If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises, delivered in person or by postmarked mail directed to the last known address of the lessee