Tenant-friendly county: tenant refuses to accept charges to security deposit

Tenant-friendly county: tenant refuses to accept charges to security deposit

Member since 2022 · 7 posts · 4 votes

Husband and I have been renting 1 property for the past 3 years (and learning a lot from the experience). The property is located in Cook County Illinois (Chicago suburbs), and we have issues with the most recent tenant. The property is primarily managed through a property management company (but we are heavily involved and would like to stay this way). 

Background: Tenant is refusing damage costs applied against security deposit - primarily damage costs to wooden floors and costs associated with cleaning. The wooden floors were last refinished in 2020 (have all receipts), last tenant move out in 2022 with no issues to the floor (have pictures from move-out inspection),  2023 move out - large parts of the wooden floor are covered in black chemical residue (maybe from cheap rugs?) that cannot be cleaned plus heavy scratching in certain areas plus small water damage (have pictures of all). Due to the damage to the floors, we were forced to refinish them (and basically had to refinish all floors throughout the house). We are charging the tenants for water damage repair and refinishing floor square footage that was damaged by them. The property was also not cleaned, and we had to pay for a 2-day cleaning service. We are even charging less for cleaning because the property management did not agree with our receipt and costs for cleaning. For cleaning, we have some pictures of dirt and grime but not all pictures. We have all the receipts and even maps for square footage justification. The tenant refusing the charges and threatens to take us to a small claims court. Overall, we are speaking about 2k here. 

What are our options?

I am basically stuck at these scenarios:

1. Get private legal counsel and go to a small claims court with hopes of winning the case since we have the documentation (but would cost us more if we loose the case);

2. Attempt to negotiate (eg reducing the square footage of damages, reducing cleaning fee further) but would need negotiate via our property management company;

3. Do nothing and eat the costs (this is what our property management company [and their legal counsel or so they say] is advising because we are in a tenant-friendly county). 


What would you do in our situation?

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Mark AinleyBusiness Member
Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
3y

@Janna Afanasjeva Be careful if you are in Cook County cause there issues you can get caught up in here.  If any of the following are not true then you need to be cautious on proceeding hard.

Where you could lose leverage:

1. You disclosed the bank address of where you held the security deposit on the first page of the lease?

2. You used a Cook County RTLO compatible lease?

3. You held this deposit in a separate bank account?

4. You provided within 30 days of the lease ending a written list of money to be held back with receipts of cost.

5. You are comfortable you are not violating any other RTLO rules.

6. You have before pictures showing the condition within 30 days of move in?

If you can answer "Yes" to all 6 of these then keep the funds and send the balance to a collections company.  Alot of people lose leverage in these scenarios when they dont have the 6 items above correct.  You run the risk of this tenant going to an attorney, the attorney pointing out RTLO infractions by you as the Landlord, and ending up in court defending and not on the offense.  

Feel free to reach out anytime or check out our website where we have all of the must knows on the newer Cook County RTLO.

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11 Replies

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    I'd send them the bills and before and after photos AND after cleaning.  Tell them these are the full costs and that they are only being asked to pay for the area that was damaged during their stay.

  • Member since 2022 · 7 posts · 4 votes
    3y
    Quote from @Theresa Harris:

    I'd send them the bills and before and after photos AND after cleaning.  Tell them these are the full costs and that they are only being asked to pay for the area that was damaged during their stay.


     Thank you! This is a great idea!

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Janna Afanasjeva:

    It sounds as though you are engaged in a back-and-forth discussion with the Tenants. That's bad.

    If there are deductions, I send the Tenant the required notice and any remaining funds. If they contact me to complain, I respond with my instructions for appeal and I include a few pictures and make it very clear that I have everything documented and am willing to defend the charges in court. After that, I stop responding to them. They can file an appeal and I will consider it, or they can sue me in court. I will not engage in arguments because I know I'm right, I know I'm honest and fair, and I have the evidence to back it all up.

    I manage nearly 400 rentals, have 14 years experience, and I have never been sued by a Tenant over a security deposit deduction. He who documents, wins.

    The DIY Landlord Book4.7248 Reviews
  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    3y

    If your deductions are reasonable and legally justified (it sounds like they are) bill the tenant and wait and see if they file suit. Most wont unless you are screwing them over. A reasonable tenant will realize the costs are justified and choose not to waste their time in court. 

    If the tenant files suit, you can offer them a small settlement like $500 to avoid the trouble. You can also show up in court yourself since it is small claims. 

  • Mark AinleyBusiness Member
    Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
    3y

    @Janna Afanasjeva Be careful if you are in Cook County cause there issues you can get caught up in here.  If any of the following are not true then you need to be cautious on proceeding hard.

    Where you could lose leverage:

    1. You disclosed the bank address of where you held the security deposit on the first page of the lease?

    2. You used a Cook County RTLO compatible lease?

    3. You held this deposit in a separate bank account?

    4. You provided within 30 days of the lease ending a written list of money to be held back with receipts of cost.

    5. You are comfortable you are not violating any other RTLO rules.

    6. You have before pictures showing the condition within 30 days of move in?

    If you can answer "Yes" to all 6 of these then keep the funds and send the balance to a collections company.  Alot of people lose leverage in these scenarios when they dont have the 6 items above correct.  You run the risk of this tenant going to an attorney, the attorney pointing out RTLO infractions by you as the Landlord, and ending up in court defending and not on the offense.  

    Feel free to reach out anytime or check out our website where we have all of the must knows on the newer Cook County RTLO.

  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    3y

    Tenants RARELY think they've actually caused damages and always refer to them as normal wear and tear.

    Highly recommend taking a video of the new tenants when they move in, getting on video any and all MoveIn Checklist items. Impossible for a tenant to refute damages when they are in a video stating everything is fine.

    Logical Property Management4.9453 Reviews
  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    3y

    @Janna Afanasjeva you have a lot of good advice in here already, especially from @Mark Ainley who is spot on with the Cook County laws. 

    I would talk to a different flooring company though. One option no one ever mentions is buffing the top layer of the finish and then re applying the finish. This is way, way cheaper, but a lot of these flooring companies only offer the full refinish. Ironically, this is actually not good long term since the floors get slightly thinner each time you refinish them. 

  • Member since 2022 · 7 posts · 4 votes
    3y
    Quote from @Mark Ainley:

    @Janna Afanasjeva Be careful if you are in Cook County cause there issues you can get caught up in here.  If any of the following are not true then you need to be cautious on proceeding hard.

    Where you could lose leverage:

    1. You disclosed the bank address of where you held the security deposit on the first page of the lease?

    2. You used a Cook County RTLO compatible lease?

    3. You held this deposit in a separate bank account?

    4. You provided within 30 days of the lease ending a written list of money to be held back with receipts of cost.

    5. You are comfortable you are not violating any other RTLO rules.

    6. You have before pictures showing the condition within 30 days of move in?

    If you can answer "Yes" to all 6 of these then keep the funds and send the balance to a collections company.  Alot of people lose leverage in these scenarios when they dont have the 6 items above correct.  You run the risk of this tenant going to an attorney, the attorney pointing out RTLO infractions by you as the Landlord, and ending up in court defending and not on the offense.  

    Feel free to reach out anytime or check out our website where we have all of the must knows on the newer Cook County RTLO.


    @MarkAinley Thank you! This is super helpful - we are speaking with our property management company to ensure that all of the RTLO rules were followed. We are also thinking of getting a consult with a lawyer just to see where we stand. If you have any good recommendation for a lawyer dealing with landlord-tenant issues in Cook County, I would love to have their contact info. 

  • Member since 2022 · 7 posts · 4 votes
    3y
    Quote from @John Warren:

    @Janna Afanasjeva you have a lot of good advice in here already, especially from @Mark Ainley who is spot on with the Cook County laws. 

    I would talk to a different flooring company though. One option no one ever mentions is buffing the top layer of the finish and then re applying the finish. This is way, way cheaper, but a lot of these flooring companies only offer the full refinish. Ironically, this is actually not good long term since the floors get slightly thinner each time you refinish them. 


     Yeah, we did not like refinishing floors this time around since they were refinished last in 2020, and we know that their longevity is decreasing with each refinish. 

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    3y

    @Janna Afanasjeva this is where buffing or screening can make sense. You aren't actually making it to the wood. You are just taking the finish off and putting down fresh finish. This won't take out the deep scratches, but for a rental as long as you make it shiny....

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Janna Afanasjeva I would also say a buff and recoat is only an option if you don't have deep gouges.  Sometimes things like water damage and pet damage require replacing sections of the floor and you can piece those in without doing the whole floor with varing results.  The floor guy I work with  reccomends putting a wet paper towel on the floor and when you take it off if scratches aren't easily visible a buff and recoat will work otherwise you are stuck with refinishing. 

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