Who do I sue for deposit?

[bossfrog]

What is the name of your state (only U.S. law)? Illinois

Hello. I'm in Illinois. My former landlord is keeping my deposit and charging me an additional $459 on false grounds. I have photos and a video which prove that our apartment was clean. The apartment complex is an LLC. Do I only sue the property manager whom I know is responsible for refusing to refund my deposit or do I also need to list the registered agent as a defendant? Thanks.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Illinois

Hello. I'm in Illinois. My former landlord is keeping my deposit and charging me an additional $459 on false grounds. I have photos and a video which prove that our apartment was clean. The apartment complex is an LLC. Do I only sue the property manager whom I know is responsible for refusing to refund my deposit or do I also need to list the registered agent as a defendant? Thanks.

To whom did you pay the deposit? Was it made payable to the property manager personally, or to the LLC?

You sue the one who you paid. If you're suing the LLC, you might ALSO include the property manager personally. If they are not found liable, their name will be removed from the suit and/or any judgment you may receive.

 

[bossfrog]

To whom did you pay the deposit? Was it made payable to the property manager personally, or to the LLC?

You sue the one who you paid. If you're suing the LLC, you might ALSO include the property manager personally. If they are not found liable, their name will be removed from the suit and/or any judgment you may receive.

I paid cash to the manager and got a receipt for it.

Oh, and if I'm including the LLC, then that means the registered agent gets a summons too, correct?

Also, if I approach the registered agent in an attempt to avoid litigation and come to an agreement, can he supersede the Property Manager? I believe as an attorney he may be more apt to at least discuss it in a civil manner.

 

[tranquility]

The question is not who you physically gave the deposit to, but who did you give the deposit? Who is your lease/rental agreement with? If a management company or that manager, they are responsible. More likely, your contract is with the LLC. While you serve the registered agent, you sue the LLC. Myself, I would also include the individual person you gave the money to even though they were acting as an agent. However, one knowledgeable forum member thinks that could be a malicious prosecution so you might want to consult local counsel first. (If you want to play it safe, you can always add some Doe defendants and add the individual if, in discovery, you find the LLC claiming he was not an agent of theirs.)

(The registered agent is only useful as a person who receives service. You cannot negotiate with him because of that position. He may ALSO be a managing member of the LLC. Then, he could negotiate.)