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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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My landlord wants to remove $100 from my security deposit

Customer Question

My landlord wants to remove $100 from my security deposit from a missed appointment for something that needed to be fixed in the apartment. I did not miss the appointment as his email stated no time, just date, and that I had to confirm with the company. I have already emailed landlord and highlighted the area of email in which he says so. He still wants to charge that. What are my options? Do I just have to accept this?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 9 months ago.

Does the lease state he is going to or is allowed to do this?

Customer: replied 9 months ago.
I believe it does. I am okay with other itemized reductions (painting supplies, cleaning, etc.)
Customer: replied 9 months ago.
I just don't believe this one is particularly fair.
Expert:  Dwayne B. replied 9 months ago.

You can send him a letter telling him you oppose it and then when you move out if he doesn't send you back the full security deposit you can sue over it, but if it was in your lease it's going to be hard to win. Your argument would be that the statute doesn't authorize the taking of this type of "penalty" from a security deposit.

Customer: replied 9 months ago.
I'm already moved out. If been out Since August 30th. My landlord just took ages to get me my secutiry deposit.
Expert:  Dwayne B. replied 9 months ago.

He likely missed the time to deduct any monies anyway. In Illinois, if you rented a property that was a part of five or more units, the landlord should have returned your security deposit within 30 to 45 days after you moved out -- depending on whether the you disputed deductions taken out of the security deposit or if an itemized statement and receipts are provided by the landlord.

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