Tenants v MAP LLC

Mark Aaron Silverman

Case Conclusion Date: August 28, 2008

Practice Area: Landlord / Tenant

Outcome: Adverse ruling of trial court reversed on appeal

Description: Students at Northwestern rented a house in Evanston, Illinois and their security deposit was kept by the landlord. At trial part of the deposit was awarded to the tenants, but not damages equal to two-times that amount plus attorney fees. Trial court judge found that landlord's return of the deposit just one day after 21-day deadline found in Evanston Residential Landlord Tenant Ordinance was "insignificant" so did not award double damages or attorney fees to tenants. On appeal, this ruling was reversed and double damages awarded plus tenant's attorney fees. On remand at the trial court to determine what the "amount wrongfully withheld" was, Tenants were awarded twice the entire security deposit plus interest, plus return of the amount withheld from their deposit, for a total of $9,019 plus costs and attorney fees. Their initial security deposit return from the landlord was less than $600.