Low income apt

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May 17, 2020
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1
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Waukegan
I resolved an issue before with a landlord without court. Was first time apartment too. Guess got luck , got deposit and much of my rent back for unhealthy conditions. ;)


This time might be tricky as I plan on moving out of my current apartment. They said no deposit refunded as I would have to live here a year. Had two different responses from online free lawyer advice. One said yes they can keep your deposit, etc. The other , a popular Chicago radio attorney said they should give money back after 30 days notice. Then you have the AG Consumer Affairs office says tenants do get their deposit back by law. Just seems a bit confusing.
 

Patina

Verified Member
Dec 22, 2015
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Can you elaborate on your situation? Why are you moving out of your current apartment? It sounds like you are still in a lease and would like to break the lease, please confirm if that is the case or not. There are a number of us who own rentals that can make suggestions as how to proceed but we are not attorneys nor offer any legal advice.
 
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May 17, 2020
11
1
1
Waukegan
Yes I'm in a year lease. Manager recieves HUD funds, so makes it affordable and income based. Not section 8.

There have been no problems. My land lady is a bit shady, doesn't return calls or email. During this pandemic in she has been like a Hitler so to speak , making tenants feel like mental patients and prisoners.

When I first moved in mice were in apartment. That was fixed. Still here them scratching and noises in walls.

There is a issue with lease stating rugs, but my apartment has no rugs. Also recently not just my bathtub but maintenance told me all bathtubs in my building filled with water and they don't know how or why that happens.

I was offered an apartment in a state over from IL. They asked if it was okay to contact me landlord. They said the landlord told them I owed $800. I been paying on time since February this year. I called up the corporate office in NYC and asked them to look into why I owe money to current landlord. The lady for the other apartment turned me down. Told me I must pay if I am to move in. Corporate got back to me and told me sorry and that the manager of my apartment read the wrong tenant file. Corporate said if I any questions , etc to call him. Seemed nice and helpful.

Then another offer came to me from a 9 hour away section 8 which sounds nicer and staff said they are holding the apartment for me whenever I'm ready to move down there. Its a state where they are opening up diners etc. Think it should be much safer there.
 
May 17, 2020
11
1
1
Waukegan
Yes, happens I broke it, weather was bad, flooded complex parking lot flooded my apartment as well as others.

Asked landlord for deposit and partial rent. Turned keys in same day after returned and took my belongings. She had contacted me and said she would give deposit back after having staff look at my apartment.

They did drain the apartment of water hours later after I left with my belongings.

I cleaned a little. Left a couple of furniture behind and rugs. Just was too wet to move.

Land lady said mother natures fault. Surprised she had contacted me by email. Usually she is hard to get ahold of.

Both security and maintenance said flooding happens like that a lot. Wasn't warned prior to moving in. Now I know why no rug in the apartment and mice.

Back at a relatives. Glad that nightmare is over.
 
Jun 24, 2019
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I would not concede that you broke the lease so far. Many communities have laws requiring residential housing to be "habitable." The existence of regular floods and the resultant rodents may make it not habitable, and thus your departure would not be a breach of the lease. You would be entitled to a return of a security deposit. There may be lawyers or programs in your town which provide advice to low income tenants, and in many communities you can sue in small claims court to obtain a refund of your security deposit. And if your rent is fully or partially paid by a government program, you should get them involved as well.

A cousin of mine in the Chicago area literally sent me pictures yesterday of the flooded garage in her apartment complex.
 

Patina

Verified Member
Dec 22, 2015
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So, your apartment is uninhabitable? If so, write to the landlord stating that and requesting your security deposit back and a refund for the balance of the rent for the month you paid rent. Be polite. Do not complicate things with the fact that they did not tell you about prior flooding. In my opinion, your best approach is to be professional. Do not threaten, demand, etc. regardless of how "right" you feel you are. That rarely gets you anywhere but being polite and even sincere by saying how frustrating it must be that the property flooded and how much work that must mean for her right now.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
23,405
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New York
www.promalvacations.com
You should file a complaint with your state attorney general. Courts in many areas aren’t open due to Covid so it could be a long time before are you can file a small claims court case,
 
May 17, 2020
11
1
1
Waukegan
Since their corporate office is in NYC filed with state AG there. As local AG would just write or tell me to call an attorney.
 

Patina

Verified Member
Dec 22, 2015
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I am going to ask again.......what state do you reside in?!? Each state has their own laws regarding security deposits. Without knowing what state you are in, it is practically impossible to assist you.
 
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Patina

Verified Member
Dec 22, 2015
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This is from the City of Chicago website regarding security deposits. I placed in bold the portion that is pertinent to the time frame a security deposit must be returned. There are tenant advocacy groups that you can ask for help in receiving your security deposit back without having to pay an attorney.


SECURITY DEPOSITS AND PREPAID RENT {MUN. CODE CH. 5-12-080 AND 5-12-081}
• A landlord must give a tenant a receipt for a security deposit including the owner’s name, the date it was received and a description of the
dwelling unit. The receipt must be signed by the person accepting the security deposit.
• However, if the security deposit is paid by means of an electronic funds transfer, the landlord has the option to give an electronic receipt. The
electronic receipt must describe the dwelling unit, state the amount and date of the deposit, and have an electronic or digital signature. (eff.
10-8-10)
• However, the landlord may accept the payment of the first month’s rent and the security deposit in one check or one electronic funds transfer
and deposit such rent and security deposit into one account, if the landlord within 5 days of such acceptance transfers the security deposit into a
separate account. (eff. 10-8-10)
• A landlord must hold all security deposits in a federally insured interest-bearing account in a financial institution located in Illinois. Security
deposits and interest thereon shall not be commingled with the assets of the landlord.
• A written rental agreement must specify the financial institution where the security deposit will be deposited. If there is no written rental agree-
ment, the landlord must in writing provide such information to the tenant within 14 days of the receipt of the security deposit. If the security deposit is transferred to another financial institution, the landlord must notify the tenant within 14 days of the transfer the name and address of the new financial institution. (eff. 10-8-10)
• A landlord must pay interest each year on security deposits and prepaid rent held more than six months. (eff. 1-1-92)
• The rate of interest a landlord must pay is set each year by the City Comptroller. (eff. 7-1-97)
• Before expenses for damages can be deducted from the security deposit, the landlord must provide the tenant with an itemized statement of the
• A landlord must return all security deposits and required interest, if any, minus unpaid rent and expenses for damages, within 45 days from the
date the tenant vacates the unit.

• In the event of a fire, a landlord must return all security deposit and required interest, if any, minus unpaid rent and expenses for damages, with-
in seven days from the date that the tenant provides notice of termination of the rental agreement. (eff. 1-1-92)
• In the event of a sale or any other disposition of residential real property by a landlord, the successor landlord is liable to the tenant for any secu-
rity deposit or prepaid rent paid to the original landlord. The successor landlord must notify the tenant, in writing, within 14 days from the dis- position that the deposit or prepaid rent was transferred to the successor landlord. The original landlord remains liable for the deposit or prepaid rent until the original landlord transfers the deposit or prepaid rent to the successor landlord and provides proper notice of such transfer to the tenant. (Mun. Code Ch. 5-12-080 (e) eff. 5-18-10)
FIRE OR CASUALTY DAMAGE {MUN. CODE CH. 5-12-110 (g)}
• Subject to correcting a deficient amount of interest paid to a tenant on a security deposit if a landlord fails to comply with specified security deposit requirements the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest. (eff. 10-8-10)