Comments on: Moving Out – FAQ

By: John Bartlett

John Bartlett — Tue, 13 Sep 2011 14:38:39 +0000

I am not sure if Berwyn has laws governing this situation. Are there any clauses in your lease that talk about landlord entry. If there are, they might help to clarify the situation. Illinois law does not give permission to the owner to enter. It gives the sole right of possession to the tenant, therefore the landlord needs permission to enter. As for keeping your security deposit, the landlord can only keep the deposit for damages.

By: nicetenant

nicetenant — Sat, 10 Sep 2011 16:26:34 +0000

My lease is up september 30th and my landlord began showing my apartment the 1st week of september to potential renters. She shows the apartment without notice and just comes by ringing the bell before she enters. She called this morning to tell me that she will be showing my apartment 4 times today eventhough I’m at work. She sas that she can hold our security deposit if I do not comply bcus I am stopping her from renting out the apartment in a reasonable amount of time. Isn’t this illegal? What can I do? I live in west suburban berwyn, illinois.

By: Paul Bernstein

Paul Bernstein — Mon, 03 Jan 2011 21:21:05 +0000

In order for there to be retaliation that is actionable, the Chicago Residential Landlord and Tenant Ordinance does NOT require any written notice…..surely, written notices or requests (where the tenant keeps a copy for themselves) is better that no such writing, but verbal demands only do not prevent actions by the tenant for damages for retaliation.

Certified Mail, Return Receipt Requested, is usually thought of as the best way to communicate with a landlord in writing; however, landlords who are not inclined to follow the law seldom, in my experience, accept or pick up Certified Letters. Try in addition, a certificate of mailing, or personal delivery to the landlrod with a witness, etc.

By: Loreen Targos

Loreen Targos — Thu, 30 Sep 2010 20:32:26 +0000

From what you write, it appears as though you never put your repair concerns in writing. Your landlord may be retaliating against you, but because there have been no written complaints or calls to the city, it would be difficult to prove.

As for your security deposit. It appears that your landlord’s neglect of the plumbing in the bathroom is responsible for the damage. 1. Take pictures of this both now and when you move out. 2. Write to your landlord now – a certified letter – explaining the repair problems in your apartment as they have developed, your response to them (phone calls and messages) and his response (or lack-thereof.)

If your landlord would like you to move, he must give you a 30 day written notice, since you are on a month to month lease. You still must pay your October rent. If you fail to do so, your landlord could successfully sue you for it, regardless of whether or not he chooses to keep your security deposit.

Once you’ve moved out, your landlord must provide you with an itemized invoice within 30 days if he intends on keeping your money. If he sends one with damage you did not do, or you do not receive one, call our Hotline for referrals to attorneys. If he illegally keeps your deposit, you can sue for double your deposit plus attorneys fees. Many of our attorneys may take your case pro-bono if the case is solid (you took pictures, have all the documentation, etc.)

By: Alana

Alana — Thu, 30 Sep 2010 18:25:03 +0000

My landlord was very flaky the whole year. I had to remind him plenty of times before anything was fixed. Our toilet kept overflowing and I left him several messages about it (which he is denying ever receiving). finally, while we were at work, the tenant below us called him about a leak into his bathroom, and we had to get a new toilet. He tried to blame us for not telling him about the problem and almost tried to make us pay for the new toilet (which came a week later so we had no toilet for a week). Later the tenant complained about water damage in his bathroom and again we were not home, so I gave the landlord permission to check it out. He called and said that our sink drains were broken and it caused major damage underneath us. My lease was up in august but he has pt us on a temporary month-to-month until we were able to sign a new lease. Now he gave me a letter that he decided not to renew my lease because “I am negligent.” I couldn’t have told him there were faulty pipes if water never overflowed into our bathroom and our sink worked perfectly. He is trying to take out the money for the damage from the security deposit. Because he is already kicking me out, I do not want to pay October’s rent, but make him keep the security deposit instead. Is it legal for him to kick me out like this? I have paid rent on time every month and let him know immediately when I found problems with the apartment. Please advise.