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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33759
Experience:  Attorney for over 15 years, landlord 26 years
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I am a landlord of a house in Chicago. I rent out a condo

Customer Question

I am a landlord of a house in Chicago. I rent out a condo and a house in the suburbs in addition to the house in Chicago. The security deposit is $4,700. The tenant moved out and is threatening me with the landlord tenant laws. Says i didn't notify him in 45 days. Do they apply to me because I own less than 5 units? He left the house a mess and some money needs to be deducted.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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The IL security deposit laws, as you correctly point out, only specify a mandatory return timeframe of 45 days if a landlord owns over 5 units. So the fact that you only own 2 units would take you out from under that requirement and put you under the general contract law principles where you have a good faith duty to return any deposit or make any claims within a reasonable time. Statutorily, under IL law, you would have up to 5 years to come after the tenant for any damages to personal property.

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So I think that as long as you send him an itemized invoice of any deductions within a reasonable time after he moved out and you had repairs made, then he will have a hard time convincing a judge that you are violating any laws here.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years but I tend to stick to a 30 day time limit for my own properties...

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thanks

Barrister

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