landlord is lawyer, can I use ARDC?

[hopsngrains]

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

My landlord is a lawyer and is not returning our security deposit. He sent a letter listing all the things needing repair, almost everything falls under normal wear and tear, or was damage already there when we moved in, but we were not smart enough to take pictures. His letter does not show how much anything costs and there is no way it adds up to the security deposit. He may have breached contract since the windows in the bedrooms don't open and he would not fix or replace them, I'm looking into village code to see if the windows break the code. I don't want to go to small claims against a lawyer especially since I don't have pictures from before move in, but I'm thinking of submitting a request for investigation with the ARDC. If he violated any code or breached contract, maybe the ARDC looking into his conduct will get him to pay me. My understanding is I am able to call off the investigation if our conflict is resolved.

 

[tranquility]

He's your landlord, not your attorney. You don't have the privity required to make a complaint.

 

[TigerD]

...we were not smart enough to take pictures....

That is really the end of your argument right there.

DC

 

[HomeGuru]

Not so fast. Is there a move-in inspection report or some sort of evidence documenting the condition of the premises before move in?
Regardless, OP you need to dispute the deductions and the cost. And the wear and tear issue is subjective.

 

[hopsngrains]

He's your landlord, not your attorney. You don't have the privity required to make a complaint.

I understand hes not my lawyer, but as a lawyer shouldn't he be obligated to know and follow the laws regarding any business hes involved in?

 

[HomeGuru]

Yes, that is correct and in addition there is a Code of Ethics as well that may be applicable.

 

[tranquility]

RULE 2 Definitions. As used in these rules :

(a) Misconduct. Misconduct is behavior of an attorney which violates the Illinois Code of Professional Responsibility or which tends to defeat the administration of justice or to bring the Courts or legal profession into disrepute.

(b) Charge. A charge is information which may constitute an allegation of misconduct by an attorney or an allegation of unauthorized practice of law.

(c) Chair. The Chair is a person designated by the Commission to serve as chairperson of an Inquiry Board panel or a Hearing Board panel.

(d) Respondent. A respondent is an attorney charged with misconduct or under investigation by the Administrator or a person, whether an individual, entity or association, charged with the unauthorized practice of law or under investigation under an allegation of the unauthorized practice of law.

(e) Complaining Witness. A complaining witness is a person who makes a charge of misconduct or an allegation of the unauthorized practice of law.

(f) Clerk. The Clerk of the Commission is the person designated by the Administrator to receive, keep and maintain the files, pleadings, records, documents, evidence and other papers of the various panels and boards related to the work of the Commission and its Boards. (Amended, effective July 25, 1986; amended, effective April 15, 1994; amended, December 7, 2011, effectively immediately.)

RULE 3 Construction. The masculine form of a word includes the feminine. Except for proper nouns, the singular form includes the plural and the plural the singular.

RULES 4 through 50 reserved.

Article II Investigations by The Administrator

RULE 51 Initiation of an Investigation. The Administrator may initiate an investigation on his own motion based upon information from any source.

RULE 52 Charges. Charges received by the Administrator shall be in writing, shall identify the respondent and the person making the charge, and shall be sufficiently clear to apprise the respondent of the misconduct or unauthorized practice charged. In his discretion, the Administrator may provide assistance at his office to persons desiring to make a charge and may furnish forms for that purpose. The Administrator is not required to investigate any charge which does not meet the requirements of this rule, although in his discretion he may do so. (Amended, December 7, 2011, effective immediately.)

Now That you have the definitions, please go to:
https://www.iardc.org/newrules2010.htm
and find the violation that amounts to "misconduct" on your facts.

 

[hopsngrains]

Taken from ARTICLE VIII. ILLINOIS RULES OF PROFESSIONAL CONDUCT
[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

RULE 8.4: MISCONDUCT
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

 

[HomeGuru]

Good, you are on the right track.

 

[tranquility]

Taken from ARTICLE VIII. ILLINOIS RULES OF PROFESSIONAL CONDUCT
[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

RULE 8.4: MISCONDUCT
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Except that he has not committed "dishonesty, fraud, deceit or misrepresentation". You have a disagreement. The board will not care. Get over it. Report it if you want, but they will not help you. If you threaten to report him for favorable treatment, a reading of the law as loose as you want to use for that rule of professional conduct might make you liable for:

(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or

any other person or on property; or
(2) Subject any person to physical confinement or

restraint; or
(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or

ridicule; or
(6) Take action as a public official against anyone

or anything, or withhold official action, or cause such action or withholding; or
(7) Bring about or continue a strike, boycott or

other collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11.)

 

[hopsngrains]

You think its not "dishonesty, fraud, deceit or misrepresentation" to hold money for repairs without even showing their cost? He also told me after he inspected the house that there were just a few small things he needed to charge me for but I was still getting money back, but then sent a letter completely opposite. He also did not replace a broken appliance that the lease said he must replace, and it still might be possible that the bedrooms with non-opening windows break building code and he refused to fix them. I wont make any threats, but I think its worth the try to report to the ardc. Even if I don't get my money back, at least I can stop him from screwing future tenants and thinking he can easily get away with it because hes a lawyer.

Also, if threatening to report to the ardc is intimidation, then how is a demand letter before a lawsuit any different? Its basically threatening, if you don't give me you money Ill sue you.

 

[tranquility]

You remedy lies in court.

A demand letter is a good faith attempt to settle disagreement. I'm hurt such and such and want the money for the tort or I will file to ask the court to settle our differences. That is not what you are trying to do. If you feel the need to report the attorney, report him. He will suffer no consequences on your facts. If you feel you are correct in your theory of the harm, send the demand letter for the money and say you will explore your legal remedies if he does not respond by some date. If he does not respond, sue him. Because of the difficulty of proof, you are trying to bully your way to victory. Sorry, but the law and the ethics board don't work that way.

 

[Gail in Georgia]

The answer as to whether your landlord even needs to provide you with written documentation on what the repair items costs seems to be dependent on the number of rental units he owns:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2202&ChapterID=62

No offense but why are you complaining about windows and broken appliances AFTER you've moved out of the rental unit? To a judge this will simply sound as if you are desperately searching for anything to hide the real fact that you have no evidence of the condition of the rental unit either at move in or move out so you have no evidence to prove to a court that what your landlord is claiming ISN'T accurate.

Gail

 

[hopsngrains]

you are trying to bully your way to victory

Were viewing this different ways, I believe the landlord/lawyer is the one doing the bullying using lawyer status to take peoples money, and that the ardc should step in and stop it.

 

[Zigner]

Were viewing this different ways, I believe the landlord/lawyer is the one doing the bullying using lawyer status to take peoples money, and that the ardc should step in and stop it.

What bullying?