Chicago, IL
Landlord or tenant Lawyer at Chicago, IL
Practice Areas: Landlord & Tenant, Class Action ... +2 more
OUTCOME: Reverse and Remand
Northwestern student renters got deposit withheld by landlord. Trial court awarded tenants nothing. Tenants appealed. Court of Appeals said landlords violated Evanston Residential Landlord & Tenant ... Ordinance. http://www.state.il.us/court/opinions/AppellateCourt/2011/1stDistrict/September/1110851.pdf
OUTCOME: Settlement on Class Basis for Over 400 Renters
Class action alleging that landlord / owner of more than 400-unit apartment complex in Chicago entered into a Financing Statement and Assignment of Rents that unlawfully subjected tenant security depos ... its to the claims of a creditor of that landlord settled after Judge Agran of Cook County Chancery Department denied defendant's motion to dismiss this count. This was the first written opinion on the subject, dated May 25, 2007. Our office was the first to advance this theory of recovery under the Chicago Residential Landlord & Tenant Ordinance. Tenant class members were entitled to recover $165,000 under the class settlement.
OUTCOME: Adverse ruling of trial court reversed on appeal
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 tw ... o-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.
OUTCOME: Class Settlement for 280-unit Naperville Apartment Complex
This case arose out of a Naperville apartment complex with about 280 units where the tenant plainitff was sent to collections by the landlord after she moved out, and her deposit totally withheld. She ... contacted our office, and this case was filed. Based on the landlord's own tenant ledger, it was apparent the landlord had failed to pay interest every 12 months during the tenant's three-year tenancy. Instead they had attempted to credit all the interest at once on her move-out ledger. This was alleged to be a willful failure or refusal to comply with the Illinois Security Deposit Interest Act, and ultimately two other complexes under the same ownership in Richton Park and Clarendon Hills were added as part of the class. Then the case settled, with each tenant receiving either $150 or $250 plus 75% of the amounts withheld from their security deposits after move-out, plus attorney fees.
OUTCOME: Defeated Landlord's Owner-Occupancy Defense
Tenant client rented Chicago apartment at building with three units. At trial landlord presented his own and two witnesses' testimony to prove he had lived at the building during tenant's tenancy, thu ... s making the building owner occupied and not covered by the Chicago Residential Landlord & Tenant Ordinance. Our office was able to contradict the landlord's testimony with copy of landlord's mortgage on another property which stated that property was his address at the relevant time. Judge found he did not believe the landlord and awarded tenant her full security deposit back plus damages equal to two-times her full security deposit, costs, and attorney fees under the RLTO.