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How-to Get Your Security Deposit Back

Published on November 25th, 2013

Pioletti Pioletti & Nichols Security Deposit

Illinois Security Deposit Recovery

What are my Security Deposit Rights in Illinois?

The problem of landlords wrongfully keeping a tenant’s security deposit is a huge deal in Illinois. Landlords are allowed by law to deduct the costs of repair and back-owed rent from a security deposit. However, many landlords think of a tenant’s security deposit as their own money and illegally fail to return that money to its rightful owner, the tenant. To combat this problem the Illinois Legislature has enacted the Security Deposit Return Act. This law encourages tenants to enforce their rights and punishes landlords who take advantage of their renters.

Under this law landlords who either:

(1) fail to provide an itemized statement of damage along with repair costs within 30 days of when a tenant vacates, OR

(2) provide an itemized statement but do so in bad faith. Meaning the damage was fabricated or the repair costs were overstated.

> May be liable to the tenant for twice the amount of the original security deposit. Tenants are also entitled to recover their court costs and attorney’s fees from the landlord.

The Illinois Legislature wants tenants to enforce their rights. This Illinois Law offers tenants large money damages plus costs and attorney’s fees to encourage individuals to hold their landlords accountable.

What types of landlords are covered by the Security Deposit Return Act?

In order for a landlord to be covered under the act they need only have a building with (5) or more units. A single parcel of property with several buildings on it can be added together to reach the (5) units.

We represent individuals who have had their security deposits illegally confiscated by landlords across the State of Illinois. Contact our attorneys at Pioletti Pioletti & Nichols in Eureka, IL at 309-467-3213.

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti

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