Security deposit

[jenib1485]

What is the name of your state? Illinois

I rented an apartment with my fiance for 2 years in dekalb.
My deposit was 1 months rent which was $595.
Our lease ended August 5, 2003 They notified us that out of our $595 deposit we were only getting $32.80 because of them having to paint, clean the carpeting and do minor repairs like replace lightbulbs and a screen that was never there.

How much of the deposit are they entitled to and how can i go about getting more than $32 back?

Also there was water damage to the kitchen 2 times in which they had to replace the drywall 2x. They also notated that they replaced the cabinets in the kitchen but i can't tell if they charged me for them.
I want to take them to small claims court but i don't want to waste my time and look like a fool.

 

[Cvillecpm]

Sue in Small Claims

Check state law on deposit return

Write landlord that you want all deposit returnd within 10 days or your will sue in Small Claims

File in Small Claims and include any punitive damages state law may allow

 

[HomeGuru]

Re: Sue in Small Claims

Check state law on deposit return

Write landlord that you want all deposit returnd within 10 days or your will sue in Small Claims

File in Small Claims and include any punitive damages state law may allow

**A: 10 days? Please post the state statute that requires L to refund a security deposit within 10 days.

 

[JETX]

As expected, CvillageIdiot is not correct AGAIN!! So, lets give you an accurate response.

"They notified us that out of our $595 deposit we were only getting $32.80 because of them having to paint, clean the carpeting and do minor repairs like replace lightbulbs and a screen that was never there."
*** Couple of issues here:
1) How many units in the property (the laws apply to five or more only)?
2) Assuming yes to the above, the landlord is required:
"within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair any damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair such damage. If estimated cost is given, the lessor shall
furnish the lessee with paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. 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."

With that, did the landlord provide the required receipts, etc.?? If not, then wait the 45 days (plus a few extra) and demand your FULL deposit.

"How much of the deposit are they entitled to and how can i go about getting more than $32 back?"
*** See above.

"I want to take them to small claims court but i don't want to waste my time and look like a fool."
*** Disagreement with security deposit refunds is the #1 complaint between landlords and tenants. Your pursuing recovery for your 'damages' and/or the landlords misdeeds is not foolish.

For the entire 'Illinois Landlord-Tenant laws' see 765 ILCS 705, et seq at:
http://www.legis.state.il.us/legislation/ilcs/ch765/ch765actstoc.htm

 

[jenib1485]

Thanks for responding.

The apartment complex is 6 stories tall and has at least 10 apartments on each floor.


they gave us receipts for painting and steam cleaning the carpeting but I don't think that is considered repairs. they also charged us a small fee for maintenance but it doesn't itemize the costs as far as what they replaced and the cost for each item.

 

[jenib1485]

the landlord gave me the receipt that the maintenance company gave them which listed a total for repairs and the landlord gave me a discount for that.

Let me also mention that there have been two "floods" in the kitchen of that apartment.
so it is very difficult to say what they replaced is damages that we have to pay or if it is their responsibility.

 

[Collier5]

What your landlord charged you for sounds like normal wear adn tear on the premises. Check your lease and see what it states for "normal wear and tear". In NH, that would be considered normal wear and tear and the landlord can't charge for it.

 

[JETX]

What your landlord charged you for sounds like normal wear adn tear on the premises. Check your lease and see what it states for "normal wear and tear". In NH, that would be considered normal wear and tear and the landlord can't charge for it.

*** Leases do NOT describe 'wear and tear'. It is simply to vague and open to interpretation. What is wear and tear to me, may be tenant damages to you.