Q. I wrote a letter to the property manager at the end of last month, stating that I was moving effective the second day of next month. But they are refusing to give me back my deposit. They claim that there are cable television wires loose in the apartment, missing keys and a garbage can was left behind. This is not true. What is the process and the policy in Chicago to get back my full $700 deposit?
A. Why would the landlord be concerned about your cable TV wires? Did you perhaps pull out a mile of cable wiring from the wall? Or did you perhaps leave behind wiring for other electronic devices along with the cable wiring? Or maybe the landlord was seeking a scare up some kind of reason to withhold the deposit?
Other than a trip-and-fall worry, or ugliness, there is no obvious danger to untidy cable wires.
Assuming that you were on a month-to-month rental basis, your notice is more than the required 30 days to terminate this type of agreement. Your argument is valid, but flawed.
Termination must correspond to the last day of a regular rental period, typically the last day of the month. The deposit may be used to cover rent owing when a tenant moves out. If you stayed until the second of the next month, the landlord can legitimately demand additional rent for the hold-over days. A notice of holdover should be given to you.
State law allows the landlord to charge an amount equal to double the daily rent for each holdover day. If you have a written lease, you are responsible until the ending date on the lease, unless the landlord agrees on a different arrangement.
If true, damage claims for the main lobby key, trash can and cable wires should be minor amounts. Next time you move, do a move-in checklist to be compared with conditions on moving out. When you move out, take pictures and get a receipt for the keys. By Chicago law, the landlord must provide you with a written itemized list of damage claims and costs within 30 days of moving.
Send questions to mediator Ed Sacks at Apartment Watch, Homelife, Chicago Sun-Times, 350 N. Orleans, Chicago, IL 60654, or e-mail apartmentwatch@earthlink.net.
