Security Deposit Return- PLEASE HELP!!!

[Ebony M Marshall]

I am a tenant living in Chicago. I lived in an owner-occupied building with 2 total units.  I moved out March 30, 2024 and just recently received a letter from the landlord (54 days later) with deductions  and reasons of not returning.  Some repairs included, walls to be repainted (I caulked the holes from mounting tvs), garbage was on the ground in the in the alley, furniture was on the ground in the alley.  I informed her the same day that when I put out my garbage a man went dumpster diving as no garbage was left in the home.  She speak of having to clean the carpet because there was a juice stain on it.  I lived there since 11/1/2021 to 3/30/24.  She also received extra money from Illinois Housing for a month I was no longer living there.  The owner-occupied portion makes things difficult, what options do I have? 

[Randall Alan]

Quote from @Ebony M Marshall:

I am a tenant living in Chicago. I lived in an owner-occupied building with 2 total units.  I moved out March 30, 2024 and just recently received a letter from the landlord (54 days later) with deductions  and reasons of not returning.  Some repairs included, walls to be repainted (I caulked the holes from mounting tvs), garbage was on the ground in the in the alley, furniture was on the ground in the alley.  I informed her the same day that when I put out my garbage a man went dumpster diving as no garbage was left in the home.  She speak of having to clean the carpet because there was a juice stain on it.  I lived there since 11/1/2021 to 3/30/24.  She also received extra money from Illinois Housing for a month I was no longer living there.  The owner-occupied portion makes things difficult, what options do I have? 

@Ebony M Marshall

Outside of reasoning with the landlord, your only recourse would be a small claims case against the landlord the way I see it.  They aren’t expensive to file.  The challenge will be “proof” on your part that you shouldn’t be held responsible for items.

all the best!

Randy 

[Kristine Ann]

It sounds like at least some of the charges to your security deposit might be valid.  Here is how I would deal with it if I was the tenant.  

Whatever you don't feel is correct, you can write the landlord and state that you disagree and why.  Keep it super professional and short.  If you don't hear back in a timely manner (like in two weeks), write another letter and say that you are going to be taking it to small claims court but you are willing to settle for "x" amount out of court.  If you don't hear back in 1-2 weeks call one last time to settle out of court and make sure a check hasn't been mailed. Then file your suit.

In court you'll have to argue your case.  It might be difficult to win because at least some of the charges sound valid.

The juice stain is valid, especially if it is really obvious.  The carpet probably needs to be replaced or professionally cleaned.  I shampoo the carpets between tenants without charging, but if there's a stain it is a lot more time and expense to deal with.  A bright red grape juice stain on white or beige carpet is damage beyond normal wear and tear.

As far as the garbage and the dumpster, if there is trash removal included in your rent, it probably doesn't include furniture or excessive amounts of large pieces of garbage.  Getting mattresses, couches and other large items picked up is expensive.

If you caulked holes from the tv installation, it sounds like the patches were done incorrectly and will need to be redone. Holes are patched a certain way.  Larger holes need mesh and then need to be spackled over and then sanded, primed and painted.  Caulk isn't used to patch drywall because it is very soft when it dries. 

Charging to paint walls after two years is a little iffy.  I would be painting anyway between tenants and wouldn't have charged you, unless you had put up murals or painted a very strong color that needed primer and several coats.

[Alecia Loveless]

@Ebony M Marshall in my state we have 30 days to respond regarding a security deposit and refund all, part, or none. Depending on your state laws you may have a case just based on the 54 day timeframe if you have proof of that.

[Nathan Gesner]

Write a letter to your landlord appealing the charges. Provide any documentation or pictures you have as evidence. Ask them to be reasonable and adjust the charges based on the evidence you've provided. There's a very good chance they will not make any changes.

Then your next option is to sue them in small claims court. The judge will determine his decision based on evidence. If you have evidence, you may win. If you have none, there's a very good chance the landlord will win.

I recommend taking the first step. Court is only recommended if you have a strong case, the time to put it together, and the dollar amount is significant enough to make it worth your time.

[Lynn McGeein]

@Ebony M Marshall quick search says Chicago, landlord has 45 days to itemize damages and return deposit. I’d maybe start with, I agree with $x amount even though you missed the deadline but expect the rest returned to me within x days, or I plan to contact tenants rights group to help me seek all damages allowed.

[Brie Schmidt]

Quote from @Lynn McGeein:

@Ebony M Marshall quick search says Chicago, landlord has 45 days to itemize damages and return deposit. I’d maybe start with, I agree with $x amount even though you missed the deadline but expect the rest returned to me within x days, or I plan to contact tenants rights group to help me seek all damages allowed.

 That only applies to properties that are not owner occupied.

@Ebony M Marshall - I have been a Chicago landlord for 12+ years.  Some landlords are going to be reasonable and some are going to be an a**hole.  Ultimately it is a judge who decides what a reasonable charge is.  Did they send you an itemized list with pictures?  For example it might cost $3,000 to repaint an apartment and that is a charge for the landlord, but to repaint the wall after you left it with patches is about $200.  If there is a juice stain in the bedroom they cannot charge you to clean the entire apartment 

[Melanie P.]

Quote from @Ebony M Marshall:

I am a tenant living in Chicago. I lived in an owner-occupied building with 2 total units.  I moved out March 30, 2024 and just recently received a letter from the landlord (54 days later) with deductions  and reasons of not returning.  Some repairs included, walls to be repainted (I caulked the holes from mounting tvs), garbage was on the ground in the in the alley, furniture was on the ground in the alley.  I informed her the same day that when I put out my garbage a man went dumpster diving as no garbage was left in the home.  She speak of having to clean the carpet because there was a juice stain on it.  I lived there since 11/1/2021 to 3/30/24.  She also received extra money from Illinois Housing for a month I was no longer living there.  The owner-occupied portion makes things difficult, what options do I have? 

 The walls did not have patches from TV holes when you moved in. That is not normal wear and tear. You could have painted OR had your TV on a stand. The alley is not a place to leave your unwanted furnishings. Bulk items require special pickup or you take them to the dump yourself. Cleaning up spills when they happen will prevent them from becoming stains that are expensive to fix. Were the carpets stained with juice when you moved in?

The main thing you can do is start taking responsibility for yourself. Don't expect your landlord to be your mommy. If you're going to damage a wall to hang your electronics have a plan to fix the wall afterward - ask the landlord if they have extra paint or the paint color so you can fix it. Move out everything you move in or dispose of it properly. When you spill something, clean it up right away. Before you use the toilet pull down your Huggies Big Boy Diaper. Welcome to being an adult.

[Jonathan Klemm]

Hi @Ebony M Marshall - That sucks and sounds you have your self a tough situation.  As @Brie Schmidt pointed out if you are the tenant in an owner occupant 2-4 the Chicago Landlord Tenant Ordinance does not apply.

You can try to challenge her in civil court (aka hire an attorney and file a complaint) but honestly, I don't think it's worth your time...if I were you, I'd just chalk it up as a lesson learned.