How do I sue a security deposit in Illinois?

How do I sue a security deposit in Illinois?

You will need the name and address of your landlord to file your lawsuit….On the trial date, present all of the relevant information for your case, including:

1. The receipt showing that you paid the security deposit to the landlord.
2. A copy of the lease.
3. A cancelled check or money order.
4. The demand letter sent to the landlord.

What can a landlord deduct from a security deposit in Illinois?

The landlord is only allowed to deduct money from the deposit for unpaid rent or property damage beyond ordinary wear and tear. If the landlord deducts for property damage, an itemized list, as well as the remainder of the deposit, is due within 30 days.

How long can a landlord hold a security deposit in Illinois?

within 30 days
Under the Illinois statute, a landlord may not keep any part of a security deposit unless he or she has, within 30 days from the date the tenant vacates a property, delivered an itemized statement of damages containing estimated or actual costs, including receipts (for estimated costs, the landlord must send a receipt …

How long do you have to return security deposit in Illinois?

How Long For Return of Security Deposit? A landlord must return the tenant’s security deposit within 30 days after the tenant has surrendered the rental property to the landlord (that is, returned the keys and vacated the property).

How much does Small Claims Court cost in Illinois?

To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. If the amount of money you are asking for is $2,500.00 or less, the filing fee is $89.00. If the amount of money exceeds $2,500.00 but not more than $10,000.00 the filing fee is $225.00.

How long should I wait to get my deposit back from landlord?

within 10 days
You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. It can take a lot longer if you and your landlord disagree on the amount that’s being taken off.

Can I sue my landlord for not returning my deposit?

1. You ought to have issued legal notice to the landlord before vacating the premises. Issue a lawyer’s notice now to him expressing your intention to vacate and claim the recovery of the advance deposit. If he refuses to refund the deposit then you may file a lawsuit for recovery along with interest against him.

How much deposit should a landlord take?

You can ask them to hold the property for more than 15 days but you and the landlord or letting agent must agree to this in writing. A holding deposit can be up to 1 week’s rent. If the rent is monthly, work out 1 week’s rent by multiplying the monthly amount by 12 months then dividing it by 52 weeks.

Who keeps the deposit when renting?

landlord
After you’ve paid your deposit, the landlord or agent must then protect your deposit using a tenancy deposit scheme. There are two types of scheme available: A custodial scheme, where the landlord or agent pays the deposit to the scheme, which will keep it until the end of your tenancy.

Can a security deposit case go to Small Claims Court?

Most of the security deposit cases in small claims court involve tenants arguing for their return, and landlords defending their use of the money. Occasionally, landlords go to small claims court as plaintiffs, when the departed tenant has left damage or dirty conditions that the security deposit can’t cover entirely.

What are the security deposit laws in the state of Illinois?

The security deposit law in the state of Illinois can be found in 735 ILCS 5/9-201 to 321 and 765 ILCS 705 to 715. Portions of these laws are commonly referred to as the Security Deposit Return Act (765 ILCS 710) and the Security Deposit Interest Act (765 ILCS 715).

What happens in Small Claims Court in Illinois?

The purpose of small claims court is to hear disputes involving relatively small amounts of money—for example, if you want to get your landlord to return your security deposit, or an auto repair shop to give you a refund for shoddy work. Illinois also allows landlords to file eviction cases in small claims court.

Can a landlord sue a tenant for the loss of deposit?

Suing When the Deposit is Depleted Most of the security deposit cases in small claims court involve tenants arguing for their return, and landlords defending their use of the money.