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In IL, who should I sue to obtain my security deposit if the unit was being managed by a realty group on behalf of the owner?
Chicago, IL
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Posted 7 months ago in Landlord / Tenant
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After some last minute contention between the realty agent and myself, the agent conducted a walk-through of the unit when I was not present, and she did not wish to accommodate. Anticipating some trouble, I took pictures prior to handing over the keys and had 2 independent witnesses sign to attest to the conditions of the unit on that day. She recently submitted a report (1 week after lease expired) which claims multiple conditions were unsatisfactory, and will lead to deductions from the full return of my deposit. This includes disinfecting the counters, cleaning windowsills, etc. I have ceased communication temporarily with agent and owner as I seek advice on how to proceed. I do not have any of the owner's contact information as all matters went through the agent.
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Answers (3)
Mark Aaron Silverman
This attorney is licensed in Illinois.
Posted 7 months ago.
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Probably both. If this rental is covered by the RLTO then "Landlord" is defined as an owner and/or a lessor, or their agent. See RLTO 5-12-030. That's pretty broad.
Outside Chicago, probably the same holds true. The appellate court has held that under one of the state security deposit acts a manager for the landlord or "lessor" who the tenant considers their lessor was liable for violations of the statute about interest payments. 
Salim John Sheikh
This attorney is licensed in Illinois.
Posted 7 months ago.
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you can find out who the owner is by doing a public records search. Any communications given to the Realty Group shoould be communicated to the Owner because they are acting on behalf of the agent.
You are in a bad spot and depending on how much the deposit is, the best (and cheapest) may be to walk away. The Agent/owner must provide you details of why they are deducting charges from your deposit. I would ask to see the Agaent/owner receipts for the services performed. 
Christopher R. Minelli
This attorney is licensed in Illinois.
Posted 7 months ago.
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In addition to the above answers, the proper party / parties for such a suit should be those listed on the written lease. Illinois law considers a written lease to be as much of a contract as a property conveyance. In addition to the RLTO definition of landlord, a court would likely find the named parties (getting a benefit from your tenancy -- namely rent) on the lease would be a proper party.
Good luck! NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone. |
