Rental Repair Question

[Johnathon Griggs]

I have a SFR that I try to have inspected annually. During the last inspection, it was noted that one of the interior doors has been forced in and both the door and jam are beyond repair. I am intending to have the door replaced, however I have a question about how to charge it to the tenant. Can I tell them that it will be deducted from their deposit even though they still live there? If not, I'll simply send them a bill for the repair.

Thankfully this is actually the first major repair that I will have needed to bill for!

[Eric S.]

@Sunny Lamba 

There was an important Illinois Appelate Court ruling last year that clarified move-in/administrative fees.  Chicago landlords can charge up to 50% of the monthly rent and still call it a non-refundable fee.  Anything more than that would be ruled a deposit and fall under the RLTO for security deposits regardless of what you call it.  

Chicago landlords, DO NOT TAKE SECURITY DEPOSITS!  I was involved in a eviction case several years ago in which a defense attorney argued that since the judge did not agree with one of my damage claims deducted from a deposit, that it was a violation of the RLTO and should trigger the security deposit violation penalty.  The judge seemed open to the argument, and continued the case.  He later ruled in my favor, but reduced a 10k claim all the way down to 2k solely based on the tenant's testimony, even though I had photo proof.  Chicago judges are notoriously tenant friendly, and rule in the tenant's favor in all cases.

The latest legal hustle in Chicago are defense attorneys who are mailing postcards to defendants in eviction cases offering to represent them for free.  Then, they show up in court and demand the landlord pay the lawyer $500, give the tenant 45-60 days to move, and drop the money claim or they will file a countersuit trial demand with all kind of frivolous counter-claims, hoping to get one to stick.  They file all kinds of crazy discovery, which you have to produce.  It is pure hell.  You also have to pay your attorney for a trial.  

Be very, very careful with tenants in Chicago.  Memorize the RLTO.