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Take these steps before suing your landlord to get back your security deposit.
Move all of your items from the unit, and clean the unit thoroughly. This includes all floors and surfaces, the refrigerator, the freezer, the oven, and all bathrooms.
Check the written lease, if there is one, to make sure you have followed all of the instructions for moving out.
To avoid disputes about the condition of the apartment:
- Take photos or video of the unit before you move. For example, take pictures of every wall, room, and closet. The photos should be clear, dated, and saved in a safe place.
- Do a walk-through or inspection of the unit with your landlord, checking all of the rooms and discussing any damage. This will avoid arguments later.
- If your landlord refuses to do a walk-through, write up a list of any problems with the apartment when you move out. You can have a friend go through the apartment with you to witness any problems. You and your friend should then date and sign this list.
- Return all of the keys to the landlord right after you move. If you do not, the landlord may charge you. If you return the keys to a leasing office, have the landlord write up a receipt acknowledging that the keys have been returned. If you are returning keys by mail, send the keys with a tracking number and keep that tracking number for your records.
- Give the landlord in writing the address where you want them to mail the security deposit.
Your landlord should either:
- Provide you with an itemized statement of damages, including the costs of repair with receipts, within 30 days after you return your keys; or
- Return your security deposit in full within 45 days after you return your keys.
After the time expires for your landlord to return your security deposit, write to your landlord and demand that your security deposit be returned. A demand letter tells the landlord that you want your security deposit back.
If you do not owe the landlord any money, send a written demand letter by mail with a tracking number requesting return of the deposit. The letter should tell the landlord that they had 45 days to either return the security deposit or give you a list of how the money was spent.
You can use the Security deposit demand letter program to help you write the letter.
You may sue your landlord if they still owe you money:
- If the landlord does not send you a list of repairs or expenses after 45 days, then you may file a case in small claims court in the county where the unit was located or where the landlord lives.
- You can sue your landlord to get back the amount of the security deposit that the landlord withheld, plus the costs of the lawsuit. In Chicago, you can sue for your security deposit plus twice the security deposit plus court costs. In suburban Cook County, you can sue for 2 times the security deposit plus court costs.
- Before bringing a lawsuit, think about court costs, time away from work, and what the landlord could bring up against you. If you file a lawsuit, the landlord can also file claims against you for things like damage to the apartment, unpaid rent, and anything else that cost the landlord money.
Note: If the amount of money the landlord owes you is more than $10,000, you should speak to a lawyer about the case, instead of filing it on your own. The above steps only apply to cases for $10,000 or less.
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