[khadka]

I used to live in Apartment complex for 4 years in Rolling Meadows, Illinois. I have never had any problems till I left the apartment.

I agve them the 30 day written notice to the management and cleaned the apartment the best I can. I left on Oct. 31, 2006. I also left my forwarding address with them.

But till now I have not received anything from them of my security depoasit. Initially I was told that it would take 45 days for refund.

After 45 days, I called so many times fro refund, nobody in the office would what's happening, everybody would say, they'll take a look int that and get back to me but they did. I called about 25 calls but no result.

Lasr week I was told that the matter went to the property manager office and he is going to a call me but he never did. I tried to call him so many times and left so many messages in his voice mail, but he never retuned my calls.

Finally I caught him couple of times, first he said he would take a look into that and call me back but never did, Second time he said he will take to accounting department and let me know how I'll get back as a refund and ned did call me back. Lastly I caught him on phone and he said he could not find my notice to vaccate the apartment, therefore he is not going to return my money. He asked me if I have a photocopy of my notice and I said I do not have it because I did not realize to make a photocopy of that because the person I handed to my notice said she will take care of that and she even did not give me a photo copy of that.

Now, I thing that person to whon I gave my notice to does not work there anymore. I told the manager that I do have her business card and I told him that I can come to the office and talk to her in front. Semms like he is not wiiling to give up so easily.

I have found so many negative reviews of that apartment and how employes are careless of handling paperwork. In one review someone wrote that the management lost the lease and try to increase the rent for that tenant. In other review someone wrote that the management people are so careless in handling paperwork.

I'm planning to go and talk to the manager face to face, what you you my other options are if the meeting does not bring any result??

Thanks

[Dcbradys]

I have been a landlord for twenty years. I cannot give you any legal advise, however, you may look into the following... Your LL should have had you complete a condition sheet as to the condition of the apt. when you moved in. The damage occurring after you moved in would be your responsibility. Normal wear and tear does not count. If something is damaged the replacement is figured on replacement of like quality MINUS depreciation plus labor. (he cannot get paid for his labor if he owns the property). Generally the LL has 30 days to return your deposit PLUS what ever interest your state allows OR a letter to you explaining why your deposit is not being returned. If it were me I would sent a registered letter to the address where you sent your rental checks. I would copy the department that handles LL/rental complaints. In this letter I would request in one week my deposit plus interest be sent back. If there is to be any deductions he should reply in writing as to why. I would also mention that failure to do so in one week would cause me to seek whatever legal recourse is available. (small claims court) I would keep very good notes as to what transpires. Many small claim courts will award more than the amount being asked for if the court finds the LL guilty plus your filing costs.

[LisaB4657]

Don't bother calling them anymore or waiting for them to respond. If I were in your position I wouldn't even bother sending them a letter. I would immediately file a lawsuit against them. Depending on the laws in your state, a judge could award you double or even triple the amount of the deposit.

[ScottGem]

Here is the applicable law:

765 ILCS 710/  Security Deposit Return Act.

That they cannot find your notice has no bearing anymore. They had 30 days to inform you of why they were withholding your deposit. When they did not do so, they had 45 days to return your deposit. Once they passed that deadline they are now liable for twice the security deposit. In addition, any court costs you incur in collecting this amount they have to pay.

So now you have a choice here. You can sue them and you WILL win. But you will also have to collect. This means you will have to find accounts in the name of the landlord or company that owns the complex and file a garnishment using the judgement you will win. But this will cost you time and money.

So, what I would do is print out the applicable law, send it to the property manager with signature required. Give them 10 days to send you a check for double the security deposit as required by law or you will take them to court.

On the 10th day file in small claims court.