Are these damages arbitrary? And can we recover security in SCC?

[las dea una]

What is the name of your state (only U.S. law)? Chicago, IL. Landlord/Tenant laws differ in Chicago from the state of Illinois.

We moved out of our rental on Jul 15, 2014, two days ahead of the date we gave our landlord notice. All rent was current, as we paid half a month's rent for our last month when we signed our lease on July 1, 2012. We spent the next two days at the property cleaning, mopping, and vacuuming, and painting. We took pictures before we left and again during the walk through with the then, property manager.

I emailed LL (who lives in TX) on 8/1 asking about security deposit. He said he'd be in touch. On 8/14, I sent a letter demanding our security deposit to his last known address on record (which I listed on our original lease) via certified mail with a return receipt. I actually haven't received it in the mail, yet.

On Monday, 8/17, the 31st day from the date that we vacated the premises, I inquired by email again, explaining that according to Chicago statute, he had 30 days to inform us of alleged damages and estimated costs of repair. He replied by saying that damages are still being assessed. On 8/18, I emailed saying he was in violation of the statute and we were going to seek legal recourse for up to 2x the deposit (the legal maximum in Chicago). He responded by saying that we would have the damages by the weekend. Additionally, all attempts to ask for his address so that he could be served were not acknowledged.

On Thursday, 8/21 he sent the following via email:

Calculated Damages and Fines:

- $450 , Four Person Crew, Multi-Person Professional Move-Out Cleaning.
- $50 Service Call for garage maintenance.
- $50 Service Call for Broken Microwave
- $200 Carpet Replacement in Walk-In a Stairwell
- $200 Pet Deposit Fines ($20 X 10 times, observation of dog waste in the yard)
- $100 ($20 X five observation of Trash/trash bags/cigarette butts on porch, deck, yard, neighbor's yard)
-$25 General Paint scratches, smudges, chips, etc.

Total Deductions: -$1075

Other than replacing the carpet in the stairwell, which we acknowledge, do these seem more like arbitrary fines rather damages to property? He hasn't furnished any receipts as of yet and has told us that he can expect the rest of our deposit ($920 on 8/31) I suspect that our landlord hasn't followed the statute for Chicago's security deposit laws, nor do we feel there are any damages to the property for which he can rightfully deduct from our deposit.

Can we recover our deposit? I think that even if these damages "stick", we would still be able to recover our deposit based on the Chicago security deposit laws.

He also added interest to the original deposit in the amount of .36.

I've already drafted a complaint and summons to file on the 46th day after our vacating the premises. Am I getting ahead of myself or am I within my legal right to sue?

 

[LdiJ]

What is the name of your state (only U.S. law)? Chicago, IL. Landlord/Tenant laws differ in Chicago from the state of Illinois.

We moved out of our rental on Jul 15, 2014, two days ahead of the date we gave our landlord notice. All rent was current, as we paid half a month's rent for our last month when we signed our lease on July 1, 2012. We spent the next two days at the property cleaning, mopping, and vacuuming, and painting. We took pictures before we left and again during the walk through with the then, property manager.

I emailed LL (who lives in TX) on 8/1 asking about security deposit. He said he'd be in touch. On 8/14, I sent a letter demanding our security deposit to his last known address on record (which I listed on our original lease) via certified mail with a return receipt. I actually haven't received it in the mail, yet.

On Monday, 8/17, the 31st day from the date that we vacated the premises, I inquired by email again, explaining that according to Chicago statute, he had 30 days to inform us of alleged damages and estimated costs of repair. He replied by saying that damages are still being assessed. On 8/18, I emailed saying he was in violation of the statute and we were going to seek legal recourse for up to 2x the deposit (the legal maximum in Chicago). He responded by saying that we would have the damages by the weekend. Additionally, all attempts to ask for his address so that he could be served were not acknowledged.

On Thursday, 8/21 he sent the following via email:

Calculated Damages and Fines:

- $450 , Four Person Crew, Multi-Person Professional Move-Out Cleaning.
- $50 Service Call for garage maintenance.
- $50 Service Call for Broken Microwave
- $200 Carpet Replacement in Walk-In a Stairwell
- $200 Pet Deposit Fines ($20 X 10 times, observation of dog waste in the yard)
- $100 ($20 X five observation of Trash/trash bags/cigarette butts on porch, deck, yard, neighbor's yard)
-$25 General Paint scratches, smudges, chips, etc.

Total Deductions: -$1075

Other than replacing the carpet in the stairwell, which we acknowledge, do these seem more like arbitrary fines rather damages to property? He hasn't furnished any receipts as of yet and has told us that he can expect the rest of our deposit ($920 on 8/31) I suspect that our landlord hasn't followed the statute for Chicago's security deposit laws, nor do we feel there are any damages to the property for which he can rightfully deduct from our deposit.

Can we recover our deposit? I think that even if these damages "stick", we would still be able to recover our deposit based on the Chicago security deposit laws.

He also added interest to the original deposit in the amount of .36.

I've already drafted a complaint and summons to file on the 46th day after our vacating the premises. Am I getting ahead of myself or am I within my legal right to sue?

It appears that he did not meet his required deadlines, which works in your favor.

I suspect that the 450.00 cleaning charge is bogus assuming that you cleaned as well as you said you did.

Did the garage need maintenance?...that is pretty vague.

Was the Microwave broken and how old is it?

How old was the carpet?

Did you leave dog waste in the yard?...although 20.00 per "pile" seems a bit excessive.

Did you leave cigarette butts/trash in the yard?...although again 20.00 per item seems excessive and what is that bit about the neighbor's yard?

The paint smudges bit is minimal.


Again, the fact that he was way beyond any deadlines means that you should probably sue for your deposit. That alone might be enough.

 

[las dea una]

It appears that he did not meet his required deadlines, which works in your favor.

I suspect that the 450.00 cleaning charge is bogus assuming that you cleaned as well as you said you did.

Did the garage need maintenance?...that is pretty vague.

Was the Microwave broken and how old is it?

How old was the carpet?

Did you leave dog waste in the yard?...although 20.00 per "pile" seems a bit excessive.

Did you leave cigarette butts/trash in the yard?...although again 20.00 per item seems excessive and what is that bit about the neighbor's yard?

The paint smudges bit is minimal.


Again, the fact that he was way beyond any deadlines means that you should probably sue for your deposit. That alone might be enough.

Thanks for your response. I suspected $450 was a lot, since, like I mentioned before we spent two days cleaning. We even spackled and repainted where needed.

About 8 months into our first year there, the garage door failed to close with the remote so it needed servicing. Same with the microwave. It stopped working after a year. After 6 month he finally replaced it. It was relatively new, maybe 3 or 4 years old?

He lived there with his family before we moved in. I have no way of knowing how old the carpet was, unfortunately. But we lived there two years after he moved, so it was at least 3 years old.

Nothing was left around the property. We even re-seeded the whole sections lawn where it had been trampled by our two dogs. It was full and green before we left. He is referring to phone calls he received from our downstairs neighbor during our tenancy when we forgot the trash on the back deck a few times (before taking it to the garbage cans behind the garage) or didn't tend to our dogs' waste quickly enough. These, too me, aren't damages at all, but things he's trying to fine us for based on these phone calls. These types of charges were not included in our lease.

 

[LdiJ]

Thanks for your response. I suspected $450 was a lot, since, like I mentioned before we spent two days cleaning. We even spackled and repainted where needed.

About 8 months into our first year there, the garage door failed to close with the remote so it needed servicing. Same with the microwave. It stopped working after a year. After 6 month he finally replaced it. It was relatively new, maybe 3 or 4 years old?

He lived there with his family before we moved in. I have no way of knowing how old the carpet was, unfortunately. But we lived there two years after he moved, so it was at least 3 years old.

Nothing was left around the property. We even re-seeded the whole sections lawn where it had been trampled by our two dogs. It was full and green before we left. He is referring to phone calls he received from our downstairs neighbor during our tenancy when we forgot the trash on the back deck a few times (before taking it to the garbage cans behind the garage) or didn't tend to our dogs' waste quickly enough. These, too me, aren't damages at all, but things he's trying to fine us for based on these phone calls. These types of charges were not included in our lease.

Arg...I would sue him on principal alone.

 

[las dea una]

^^^Tell me about it.

Do I still have to wait the entire 45 days even though he already violated the 30 day law for informing us about the damages?

I have his complaint and summons printed out and ready to file in Cook County pro se court.

Another thing that worried me a bit was when I read about another tenants small claims proceedings against his landlord for similar situations. What if he hired a lawyer and countersued for something ridiculous. That would totally suck! He would NOT be above that.

 

[Gail in Georgia]

Have you gotten his current address? How do you plan on having him served if he resides in Texas?

Gail

 

[las dea una]

Have you gotten his current address? How do you plan on having him served if he resides in Texas?

Gail

Actually, that was another worry of mine. Does it matter if he's out of state? I can sue in the county in which the property is located. It's not my fault that he doesn't live here anymore. I asked him for his address a number of times. He never responded. I'm going to send the summons to the address he put on the lease we signed when we first moved in.

 

[Gail in Georgia]

"Does it matter if he's out of state?"

Yes it matters if he lives out of state, especially if he needs to be notified by both "tack and mail" (i.e., through mail AND through a notice being placed on his residence or served in person) that he is being sued. If he cannot be adequate notified he is being sued, your lawsuit will go nowhere since a defendant has a right to know someone has filed a lawsuit against them.

Gail

 

[STEPHAN]

You need to find ou where he can be served.

 

[las dea una]

What's the best way to do this? I was hoping to get it from the return address when mails our security deposit.

 

[las dea una]

If I served him at his last known address, would it be forwarded automatically or would it be returned if he doesn't live there.

And also, let me get this straight: it's bit that he lives out of state that's the problem. It's that I may not have a current address for him?

Do you think he thinks I'm going to sue him the reason why he is ignoring my requests for his address?

 

[las dea una]

Well, just searched the white pages online and found him. It's the same address as on our lease.