# Landlord withholding deposit in IL. I could use some advice **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 7, 2011, 3:38am UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742 "2011-03-07T03:38:40Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [March 11, 2011, 7:46pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/41 "2011-03-11T19:46:58Z")
> [@Sleeps\_With\_Butterflies](#): > > Oh please with stalking you around the board. You post very personal things here. If you don’t want people to remember them and comment on them you might consider a blog or talking to your IRL friends about your odd personal situations. > > Also, if you getting righteously indignant from that little comment I’m surprised you get around in the mean old world. > > PS: Considering some of the things you’ve related about yourself here on the boards I do not want to even think about what you wear when you’re sleeping. No thanks. naked. wink. also, l2sarcasm honey. I’m cracking up over here. ---
**Author:** ![MsWhatsit](https://avatars.discourse-cdn.com/v4/letter/m/eb8c5e/32.png) [@MsWhatsit](https://boards.straightdope.com/u/MsWhatsit)\ **Post date:** [March 11, 2011, 7:57pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/42 "2011-03-11T19:57:49Z")
> [@Sleeps\_With\_Butterflies](#): > > PS: Considering some of the things you’ve related about yourself here on the boards I do not want to even think about what you wear when you’re sleeping. No thanks. I’m trying to think of what sorts of things could be so horrifying as sleep wear that you don’t even want to imagine them. GWAR costume? Live animals? Raw meat? And yeah, I’ve had little wheely things break off furniture before, and you can almost always just replace the wheels. They’re usually designed that way. Good luck with the deposit, **rachelellogram**. And also, congrats on moving out. It sounds like that living situation was, shall we say, suboptimal. ---
**Author:** ![Sleeps\_With\_Butterflies](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@Sleeps\_With\_Butterflies](https://boards.straightdope.com/u/Sleeps_With_Butterflies)\ **Post date:** [March 11, 2011, 8:00pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/43 "2011-03-11T20:00:24Z")
> [@MsWhatsit](#): > > I’m trying to think of what sorts of things could be so horrifying as sleep wear that you don’t even want to imagine them. GWAR costume? Live animals? Raw meat? Her stinky large body naked on someone’s furniture. Pass. ---
**Author:** ![MsWhatsit](https://avatars.discourse-cdn.com/v4/letter/m/eb8c5e/32.png) [@MsWhatsit](https://boards.straightdope.com/u/MsWhatsit)\ **Post date:** [March 11, 2011, 8:03pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/44 "2011-03-11T20:03:34Z")
> [@Sleeps\_With\_Butterflies](#): > > Her stinky large body naked on someone’s furniture. Pass. How rude. ---
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [March 11, 2011, 8:12pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/45 "2011-03-11T20:12:29Z")
Fat people are disgusting! augh! ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [March 11, 2011, 11:45pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/46 "2011-03-11T23:45:24Z")
Any progress updates yet? ---
**Author:** ![beartato](https://avatars.discourse-cdn.com/v4/letter/b/9d8465/32.png) [@beartato](https://boards.straightdope.com/u/beartato)\ **Post date:** [March 12, 2011, 7:31am UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/47 "2011-03-12T07:31:02Z")
> [@rachelellogram](#): > > If you read both full posts in question, you would know my body never slept on her mattress (but a mattress I placed on top of her mattress, and two sheets separating me from it), nor do I have odor issues while wearing pajama pants. Unless you’re implying that I sleep in business casual pants 😕, the two issues aren’t relevant. One part of that other thread that I’ll never be able to forget was Why Not’s post about the smell that develops between body fat folds. Are you sure this doesn’t happen to you? Maybe you don’t notice it as much, sometimes people don’t notice their own body odor. And if you do really sleep naked, there’s nothing to absorb the sweat and whatever one calls the sweat that’s been fermenting in body fat folds. A thin mattress and a few sheets separate you from her bed, sure, but her bed may have suffered from having that stench nearby. ---
**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\ **Post date:** [March 12, 2011, 11:31am UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/48 "2011-03-12T11:31:47Z")
Perhaps it’s a closely guarded secret, but I’ve never heard that fat people’s beds have to be replaced sooner because of their body odor. If Rachel has always had sheets on the bed, then IMO she’s done her part to keep the mattress in good condition. Re the chair mat: I think an argument can be made that if the landlord knew that she wasn’t using a chair mat because it was broken, then it was her responsibility to replace it. ---
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [March 14, 2011, 1:44pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/49 "2011-03-14T13:44:43Z")
No progress yet. Still waiting on mail. > [@PunditLisa](#): > > Perhaps it’s a closely guarded secret, but I’ve never heard that fat people’s beds have to be replaced sooner because of their body odor. If Rachel has always had sheets on the bed, then IMO she’s done her part to keep the mattress in good condition. > > Re the chair mat: I think an argument can be made that if the landlord knew that she wasn’t using a chair mat because it was broken, then it was her responsibility to replace it. Yeah a deep pile chair mat costs over $100. I don’t have that kind of money, especially when I didn’t plan to stay beyond the 6 month lease. My new place has wood floors so I’d have just thrown it away… It was my chair mat in the first place so I dunno how that might work. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [March 14, 2011, 3:17pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/50 "2011-03-14T15:17:43Z")
> [@Sleeps\_With\_Butterflies](#): > > Her stinky large body naked on someone’s furniture. Pass. **Sleeps** , you’ve been here long enough to know it’s against the rules to insult other posters in this forum. Don’t do this again. (Edited to change the name. My apologies to all, especially **Alice** , and thanks to **Moonlitheral** for the head’s up. ) This was the result of trying moderate through my HTC phone with the stylus-happy Windows OS. ---
**Author:** ![Fiveroptic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fiveroptic/32/8257_2.png) [@Fiveroptic](https://boards.straightdope.com/u/Fiveroptic)\ **Post date:** [March 14, 2011, 3:45pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/51 "2011-03-14T15:45:42Z")
> [@Spectre\_of\_Pithecanthropus](#): > > > [@Sleeps\_With\_Butterflies](#): > > > > Her stinky large body naked on someone’s furniture. Pass. > > **Alice** , you’ve been here long enough to know it’s against the rules to insult other posters in this forum. Don’t do this again. Yeah, **Alice**! Er… huh? ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [March 14, 2011, 4:47pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/52 "2011-03-14T16:47:05Z")
> [@Spectre\_of\_Pithecanthropus](#): > > **Alice** , you’ve been here long enough to know it’s against the rules to insult other posters in this forum. Don’t do this again. ☹ Unless **Sleeps With Butterflies** IRL name is Alice… ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 14, 2011, 4:57pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/53 "2011-03-14T16:57:49Z")
[Alice? Alice? Who the fuck is Alice?](http://www.youtube.com/watch?v=CsrfovOPcjk) ---
**Author:** ![Robo\_Olga](https://avatars.discourse-cdn.com/v4/letter/r/a88e4f/32.png) [@Robo\_Olga](https://boards.straightdope.com/u/Robo_Olga)\ **Post date:** [March 14, 2011, 6:52pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/54 "2011-03-14T18:52:11Z")
I just took my landlord to small claims to get my security deposit back so hopefully I can help a little. There is some great advice in this thread but some of it doesn’t apply to you unfortunately. First thing if I am reading this correctly you were only there for six months? Normal wear and tear probably wouldn’t apply to you, if you damaged the carpet you are probably going to have to pay for it. It varies from state to state but I am not aware of anywhere that normal wear & tear kicks in before 1 year. It is very hard to get the 2 x damages people are talking about. You would have to prove that your landlord maliciously kept the security deposit. You can certainly ask for it though if you do end up taking her to small claims. You need to send her a registered letter stating you are requesting your security deposit back, and if not the entire deposit you require an itemized list, preferably with receipts, showing why it is being kept. Quote the relevant civil code. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [March 14, 2011, 8:29pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/55 "2011-03-14T20:29:45Z")
> [@alice\_in\_wonderland](#): > > ☹ > > Unless **Sleeps With Butterflies** IRL name is Alice… I’ve gone back and corrected the name on my original post. Again I offer my apologies; I was posting via my mobile which I evidently should not have attempted. ---
**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\ **Post date:** [March 14, 2011, 8:50pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/56 "2011-03-14T20:50:31Z")
> [@Robo\_Olga](#): > > You need to send her a registered letter stating you are requesting your security deposit back, and if not the entire deposit you require an itemized list, preferably with receipts, showing why it is being kept. Quote the relevant civil code. I already submitted this request in an email that she responded to; is that not enough? Thanks for the insight, I hope your case went favorably for you. There is no question to me that this is being done maliciously. I think emails **might** bear out that conclusion, since she frequently uses swear words and accusations while communicating (and has ever since I moved there)… she’s pretty low-class. Not a single hint of professionalism since I moved in. ---
**Author:** ![Robo\_Olga](https://avatars.discourse-cdn.com/v4/letter/r/a88e4f/32.png) [@Robo\_Olga](https://boards.straightdope.com/u/Robo_Olga)\ **Post date:** [March 14, 2011, 9:49pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/57 "2011-03-14T21:49:09Z")
No, unfortunately email is not enough in most areas. As mentioned civil codes vary by state but in most cases you need to send a registered letter. Personally just to be on the safe side I would recommend sending the letter. I did get the security deposit back, along with filing fees and some rent. Just to give you an idea though of how hard it is to get the damages, my landlord threatened us through email, had someone try and kick the door down while we lived there, and after we moved out called my husbands boss and threatened him and we still weren’t awarded damages. But again if you file definitely ask for them, if nothing else it will give you something to work with when they send you to mediation. ---
**Author:** ![lazybratsche](https://avatars.discourse-cdn.com/v4/letter/l/ba8739/32.png) [@lazybratsche](https://boards.straightdope.com/u/lazybratsche)\ **Post date:** [March 16, 2011, 2:19pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/58 "2011-03-16T14:19:53Z")
> [@Robo\_Olga](#): > > It is very hard to get the 2 x damages people are talking about. You would have to prove that your landlord maliciously kept the security deposit. You can certainly ask for it though if you do end up taking her to small claims. Again that really depends on the jurisdiction. In renter-friendly cities, the tenant can be entitled to extra damages for any minor violation by the landlord. For example, in Boston the landlord has to return the deposit in full, with interest, or the correct list of damages, within 30 days after the tenancy ends. If the landlord does everything correctly but sends the deposit check at day 31, the tenant is autmoatically entitled to triple damages. Obviously that’s a local law, and probably not the norm for most jurisdictions. Here there’s a large population of renters, and they’re not mostly poor people and students like you might see in other cities. So there’s a lot of political clout behind good tenant protections – I’d hazard that the city council includes a fair number of well-off renters. ---
**Author:** ![carlb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carlb/32/5930_2.png) [@carlb](https://boards.straightdope.com/u/carlb)\ **Post date:** [March 17, 2011, 2:38am UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/59 "2011-03-17T02:38:10Z")
> [@Robo\_Olga](#): > > No, unfortunately email is not enough in most areas. As mentioned civil codes vary by state but in most cases you need to send a registered letter. Personally just to be on the safe side I would recommend sending the letter. I’m going totally off the cuff here, but in my experience in Illinois the key factor is some sort of proof of receipt. I would think that a response to an e-mail would be sufficient to indicate receipt. One can’t respond to something one didn’t receive, right? OTOH, I tend to err on the side of caution, and send stuff registered anyway. Again, only going by my own personal experience, Small Claims Court judges are relatively lax about details provided intent is obvious. They don’t expect you to know every tittle and jot of the law in small claims, but if the flow of information and the intent of each party is either obvious or supported by the documentation, that’s generally good enough. ---
**Author:** ![Robo\_Olga](https://avatars.discourse-cdn.com/v4/letter/r/a88e4f/32.png) [@Robo\_Olga](https://boards.straightdope.com/u/Robo_Olga)\ **Post date:** [March 17, 2011, 5:15pm UTC](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742/60 "2011-03-17T17:15:55Z")
I totally get what you are saying, but if the civil code specifically states “registered letter” like it does here, and you don’t send one, even if the small claims judge is lax, now your landlord has something to base an appeal on if you win. I mean a registered letter costs what, 7 bucks to send? Why not just do it to be on the safe side. [Previous page](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742.md?page=2) [Next page](https://boards.straightdope.com/t/landlord-withholding-deposit-in-il-i-could-use-some-advice/573742.md?page=4)