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My Landlord Kept Most of my Deposit

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Mad-As-Heck!

Junior Member
What is the name of your state (only U.S. law)? IL

We paid a $2400 security deposit. The landlord kept $700 of it for repairs and cleaning. EDIT: I realize this is not most of the deposit. There is an error in the title.
We only lived there for 2 months. The original lease was for 1 year, but she made a new ammended lease for a two month term. The reason was because it was hard for us to pay the $1700 per month rent, we spoke with her about it, and she offered to let us move out.
She had made a 3 page list of repairs. We have actual proof that we are not liable for what she says. For example: she charged us $140.00 to remove a cable wire from one of the bedrooms. However, we never had a TV in that room and never had any cable hooked up in that room. The only proof I have is the cable bill, which states the 2 rooms that cable was hooked up in. She is also charging us $100 to refinish the living room hard wood floor. However, in the "initial" walk thru, she noted that the living room floors were scratched. Another example is that she charged us $100 to remove "dead bugs" from the light fixture in the kitchen and the one in the mud room. Can she even do that?
There are many more examples, but too long to get into.
I was wondering if we sue her, can she counter sue for breaking the "original" lease?
Since she withheld money unjustly, if we win, can we get more than the amount she withheld?
One other issue...the woman invaded are privacy. Sometimes we would come home and she would have her car shut in the garage and would be sitting in our kitchen. She had contractors coming in and out without notice to give "estimates" for things that were not even broke. We have witnesses. If this goes to court, can we sue for harrasment?What is the name of your state (only U.S. law)?
 
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Gail in Georgia

Senior Member
Keeping $700 out of a $2400 deposit isn't exactly keeping "most" of your deposit.

Nevertheless, if you disagree with what was kept, you write a letter listing the amount that you believe she could have fairly kept and demanding the remainder by a certain date and send the letter via certified mail.

If she does not respond then your option is to decide whether you wish to file a lawsuit against her. Most of these cases are presented through Small Claims court.

If you file a lawsuit against her, will she countersue for you breaking the lease? Who knows? I would if I were her since it appears that she was fairly generous allowing you out of the lease early without charging you additional rent.

Since civil lawsuits are filed for monetary judgements, you'd have to determine how much financial suffering you went through with her supposedly harrassing you.

Frankly, you're likely to come off a whiney ex-tenant who is trying to throw everything (including the kitchen sink) at the court in an attempt to get money back. I'd focus only on having her prove that what she kept for damages was justified and not try to win the lawsuit lottery here.

Gail
 

Mad-As-Heck!

Junior Member
Excuse me Gail but this post is not even close to the entire story here. I posted this hoping that someone would have some information on what IL law concerning renters' rights are, NOT to get insulted by someone who has nothing better to do. I think Dr. Phil is on, you better sign off!!
 

Silverplum

Senior Member
Keeping $700 out of a $2400 deposit isn't exactly keeping "most" of your deposit.
And, frankly, as soon as I saw that exaggeration/dramatization, I didn't care about the rest of the "story."

You did the poster a favor by pointing that out. A Court would not be so pleasant/gentle.

The rest of your advice is quite excellent and on-point, despite the poster's uninformed and rude opinion. :)

Gail in Georgia said:
Nevertheless, if you disagree with what was kept, you write a letter listing the amount that you believe she could have fairly kept and demanding the remainder by a certain date and send the letter via certified mail.

If she does not respond then your option is to decide whether you wish to file a lawsuit against her. Most of these cases are presented through Small Claims court.

If you file a lawsuit against her, will she countersue for you breaking the lease? Who knows? I would if I were her since it appears that she was fairly generous allowing you out of the lease early without charging you additional rent.

Since civil lawsuits are filed for monetary judgements, you'd have to determine how much financial suffering you went through with her supposedly harrassing you.

Frankly, you're likely to come off a whiney ex-tenant who is trying to throw everything (including the kitchen sink) at the court in an attempt to get money back. I'd focus only on having her prove that what she kept for damages was justified and not try to win the lawsuit lottery here.

Gail
 

Mad-As-Heck!

Junior Member
Sorry $700 seems like a lot of money to me for 45 days of occupancy. I know it is not "most" of it, but it really bothered me that she kept the money for things we did not do. Furthermore, the harrasment was not "supposed". How would you feel if your landlord was in your house moving your stuff around and saying "My daughter tells me I shouldn't be here, but it is MY house". Wouldn't you want to leave after a month?
 

CA LL

Senior Member
So you say you could not afford the rent...so the LL let you out of a fixed term lease, changing it to just two months with no "penalty" right? That right there is more generous than most.

To have to turnover a unit within two months is costly and most LL's would charge for ANYTHING that had to be done because of the short tenancy and the fact a fixed term lease was broken. You are actually getting off EASY. Be thankful.
 

Silverplum

Senior Member
Sorry $700 seems like a lot of money to me for 45 days of occupancy. I know it is not "most" of it, but it really bothered me that she kept the money for things we did not do. Furthermore, the harrasment was not "supposed". How would you feel if your landlord was in your house moving your stuff around and saying "My daughter tells me I shouldn't be here, but it is MY house". Wouldn't you want to leave after a month?
Whatever. :rolleyes:

Gail and I are busy watching Dr. Phil. He loves us. :p :cool:
 

Mad-As-Heck!

Junior Member
Thank you for posting your opinion CA LL. I see your point.
It is just upsetting to me that someone can take money without a reason.
 

dolebot

Member
It is just upsetting to me that someone can take money without a reason.
You do have recourse. The landlord has asserted their reason, you can refute it. You can also go to court and fight for it all.

The reasons:

$100 to remove "dead bugs" from the light fixture in the kitchen and the one in the mud room.
Is quite excessive in my opinion.

$100 to refinish the living room hard wood floor.
Quite cheap. Do you know how much labor is involved in stripping the varnish and refinishing a hard wood floor? My guess is they only charged for materials.

she charged us $140.00 to remove a cable wire from one of the bedrooms.
If this involved opening the wall to remove it - again I think this is very VERY cheap.

Gail's advice in post 2 is appropriate:


Nevertheless, if you disagree with what was kept, you write a letter listing the amount that you believe she could have fairly kept and demanding the remainder by a certain date and send the letter via certified mail.

If she does not respond then your option is to decide whether you wish to file a lawsuit against her. Most of these cases are presented through Small Claims court.

If you file a lawsuit against her, will she countersue for you breaking the lease? Who knows? I would if I were her since it appears that she was fairly generous allowing you out of the lease early without charging you additional rent.

Since civil lawsuits are filed for monetary judgements, you'd have to determine how much financial suffering you went through with her supposedly harrassing you.
Just a note that small claims usually only allows actual damages. How much did your landlord (or her family I think) - meddling, or messing with your things actually harm you. Put a dollar amount on it. Then back it up with hospital bills, labor (I guess to put stuff back).

Since she withheld money unjustly
An issue for the court to decide.

f we win, can we get more than the amount she withheld?
Depends on the state - Florida no. Alabama - double. Illinois - dunno.

Sometimes we would come home and she would have her car shut in the garage and would be sitting in our kitchen.
Creepy. In most locales landlords need to provide certain notice to the tenant when entering. I don't know if IL requires notice. In just about all locales - in an emergency such as a burst pipe - no notice is needed.

can she counter sue for breaking the "original" lease?
The original lease was terminated when you mutually agreed to it and signed the new - 2 month lease. No.
 
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Mad-As-Heck!

Junior Member
Quote:
$100 to refinish the living room hard wood floor.

Yes $100 is cheap for the floor. She claims she is only charging a "portion". That would be fine if we scratched the floor, but even the initial walk thru agreement states that the floor is scratched and tentant accepts "as-is".

Quote:
she charged us $140.00 to remove a cable wire from one of the bedrooms.

Again the cable wire was there when we moved in. We only installed cable in the living room and master bedroom.

Thanks for the advice... it helps to hear other opinions and vent about the situation. We are meeting with a lawyer this week.
 

applecruncher

Senior Member
Excuse me Gail but this post is not even close to the entire story here. I posted this hoping that someone would have some information on what IL law concerning renters' rights are, NOT to get insulted by someone who has nothing better to do. I think Dr. Phil is on, you better sign off!!
Ho hum. Another poster who gets in a snit because s/he wasn’t told exactly what they want to hear. Awwww. Poor thing. Go ahead!! Sue!! You’ll win millions!! (feel better?) :rolleyes:

Since no one is helping you here, YOU need to go on Judge Judy, Judge Joe Brown, The People’s Court – take your pick.

Btw you lied from the getgo $700 is not most of $2400 – most = more than half. Are YOU Smarter Than a Fifth Grader?:D
 

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