Chicago Illinois Landlord Tenant Closing Statement to Reconcile Security Deposit

State:
Illinois
City:
Chicago
Control #:
IL-9000LT
Format:
Word; 
Rich Text
Instant download

Description

This is a Landlord Tenant Closing Statement - Reconcile Security Deposit, where the landlord records the deposits and credits, less deductions from the credits or security deposit for delivery to the tenant. It is used to document for the benefit of both parties the monies held by the landlord and due to the landlord.


A security deposit is a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." Everyday usage is normal wear and tear, but excess damage is a debated definition. A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.


Laws vary by state, but some states place a limit on the amount of a security deposit that a landlord may charge. Some states also regulate where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant. State laws also define the time period after the tenant vacates within which the deposit must be returned to the tenant.

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FAQ

A tenant who refuses to take part in the inspection process, and damages have been found, is liable to receive their remaining deposit 21 days from the expiration of the lease. If a landlord refuses or has failed to refund the tenant their deposit, the tenant may approach the Rental Housing Tribunal.

If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises, delivered in person or by postmarked mail directed to the last known address of the lessee

The landlord is only allowed to deduct money from the deposit for unpaid rent or property damage beyond ordinary wear and tear. If the landlord deducts for property damage, an itemized list, as well as the remainder of the deposit, is due within 30 days.

Within 45 days of the date the tenant vacates the dwelling unit, a landlord must return all security deposit and required interest, if any, minus unpaid rent and expenses for damages.

You can sue your landlord to get back the amount of the security deposit that the landlord withheld, plus the costs of the lawsuit. In Chicago, you can sue for your security deposit plus twice the security deposit plus court costs . In suburban Cook County, you can sue for 2 times the security deposit plus court costs.

As far as painting, unless the paint is peeling or overly damaged, you may not be required to paint. Many landlords allow their tenants to paint for them, provided they repaint it back to a neutral shade upon move-out. It's up to you how you want to manage painting.

#6 Painting Costs This is why they normally can not deduct the cost of paint from the deposit. However, if you painted the walls or have made a significant damage to the paint, your landlord has the right to use the security deposit to cover the repainting.

If the list includes estimated costs, then paid receipts are due within an additional 30 days. If a landlord violates Cook County security deposit law, the tenant may claim a penalty of two times the deposit, plus return of the deposit itself, plus attorney's fees and case costs.

In Chicago, the landlord must return the security deposit within 45 days after the tenant moves out unless it is an owner-occupied building with 6 units or less. If the tenant moved out because of a fire, the landlord must return the security deposit within 7 days. The law in most of the rest of Illinois is as follows.

(See Section 5-12-080) In addition to these duties, within 45 days from the date the tenant vacates the premises, the landlord must return the security deposit to the tenant. However, the landlord may deduct any unpaid rent or any amounts needed to repair any damage to the premises.

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Chicago Illinois Landlord Tenant Closing Statement to Reconcile Security Deposit