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Security Deposit/Landlord issue. Advice requested

L

LongTimeLurker

Junior Member
So basically I was renting an apartment with no lease, strictly month to month basis. Of course, I had to give 30 days notice or I would have to fork over another month rent, yadda yadda. Circumstances changed for me after a few months and I needed to move out. I kind of felt a little mean, but I let my landlord know on Oct. 30 that I would be moving out by Dec 1, so I gave her like 31-32 days notice...kinda short I know but thats just the way it was.

I noticed my landlord (who lives below me, its a 2 story house where the upstairs she rents out) was annoyed/pissed at me leaving and started to do small things to irritate me. She kept putting her dog's plastic fence up on my staircase that leads to my apartment and she wouldn't take it down when she was done. Every morning I woke up I had to remove it, and whenever I came home from work I had to remove it. Small thing, but just got to be annoying. She did a few other minor things such as this, in my opinion, to take out her frustration on me.

Yesterday I went over to give the apartment one good final cleaning and after I was done I went downstairs to give her my key back. She answered the door and was very rude. She said "I should have made you sign a 1 year lease, I got screwed over by you" blah blah blah. I was very polite back and asked when I would get my $400 security deposit back. She said since I "screwed" her over she wouldn't have it for at least 3 weeks, she said she would mail it to me.

The whole time I was thinking "lady I didnt screw you over, you screwed yourself over leasing month to month" but I didnt say it. I have a feeling she is going to fight giving me the security deposit back...what should I do? How long should I wait before I make a small claims? How many times should I try to contact her about it?

Thanks in advance for the advice!
 
There isn't a problem yet. Also 31-32 days isn't kind of short, it is 1-2 days longer than you have to give. The law is there for a reason--it has been decided that giving 30 days notice is fair to both the landlord and tenant.
 
Originally posted by: Farang
There isn't a problem yet. Also 31-32 days isn't kind of short, it is 1-2 days longer than you have to give. The law is there for a reason--it has been decided that giving 30 days notice is fair to both the landlord and tenant.
Click to expand...

Yeah I know there isn't really one yet, just the way things went down I think she is going to be shitty about it. And can she legally hold my security deposit for "at least three weeks" after I have moved out? I was under the impression that she was not to spend that money, its mine unless there was damage to the apartment in which case the funds become hers to repair it. Am I wrong on this?
 
I looked up some Illinois security deposit laws and here's what I found.

The Return of the Deposit
If a tenant damages the property, the landlord can deduct the cost of fixing it from the security deposit. But if the tenant returns the rental in substantially the same condition in which it was rented (less reasonable wear and tear), the landlord must return the deposit. A landlord can't make tenants pay for painting, new carpets or curtains, unless there was serious damage. The landlord is allowed to deduct the cost of cleaning if necessary to put the unit back to the same level of cleanliness it was in at the time the property was leased (less normal wear and tear).

How much time does a Illinois Landlord have to return the deposit?

A landlord leasing residential real estate containing five or more units who receives a security deposit may not withhold any part of that deposit as compensation for property damage unless he furnishes to the tenant, within thirty days of the date the tenant vacates, a statement of damage allegedly caused by the tenant and the estimated or actual cost of repairing or replacing each item on that statement.

If no such statement is furnished within 30 days, the landlord must return the security deposit in full within 45 days of the date the tenant vacated.



Thing is, the landlord does not rent 5 units, just 1 and I am unsure how that changes this law, if at all.
 
How did you screw her over? You notified her in time as requested - is a month not enough to find another tenant?
 
Originally posted by: dbk
How did you screw her over? You notified her in time as requested - is a month not enough to find another tenant?
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The landlord is pissed at herself and taking it out on the OP.
 
Hopefully you took pics as already mentioned, or had her sign off on the condition. She could claim damages otherwise and it'd be your word against hers.
 
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