While this case is not a published opinion, it nevertheless revealed what one panel of the appellate court thinks about this landlord tactic: it doesn't work.
Chicago, IL (PRWEB) December 05, 2012
Experienced security deposit lawyer Mark Silverman, principal of Chicago-based Mark Silverman Law Office Ltd., commented today on the recent Illinois Appellate Court opinion that supported his client, and struck a blow in favor of Chicago tenant rights.
In Foster v. Tucker 2012 IL App (1st) 111048U, the Illinois Appellate Court confirmed that returning keys a few days late after moving out does not cost a tenant his or her security deposit. The Court also clarified that a tenant's security deposit is not included in the two-times-deposit award to a tenant for violation of the ordinance.
“The landlord in this case alleged that the tenant was a `hold over’ tenant, because she did not return her apartment keys for a week after moving out,” commented Mr. Silverman. “However, under landlord-tenant ordinance, the landlord was still required to send the deposit within the time period that began on the date the tenant moved out – and not on the date the tenant returned the keys.”
Added Mr. Silverman, who is a well-known legal advocate for Chicago tenant rights: “Historically, landlords in Chicago and Evanston would claim a whole month's extra rent from a tenant if the tenant moved out a couple days late, or did not return the keys right away. And while this case is not a published opinion, it nevertheless revealed what one panel of the appellate court thinks about this landlord tactic: it doesn't work."
For more information or media inquiries, contact Mark Silverman at (312) 775-1015 or mark(at)depositlaw(dot)com.
About Mark Silverman Law Office Ltd.
Mark Silverman Law Office Ltd. is a law firm in the Loop in Chicago. For more than five years, the firm has represented tenants in disputes against landlords. The firm also provides services for clients in additional areas, like workers compensation, premises liability (accidents at the rented premises), as well as declaratory judgment actions and contract litigation. Since 2007, the firm has taken almost 10 cases to the appellate court for renters in Evanston in Chicago, resulting in several important decisions that help tenants statewide. The firm has also resolved more than 50 matters by disputed trial or arbitration hearing. Mr. Silverman’s assistant, Bharinee, is fluent in Thai and English, and has an accounting background, as well as experience as an attorney in Bangkok. Learn more at http://www.depositlaw.com/.