Q. I alive in a ample accommodation architecture in Chicago. I am affective out at the end of my lease, and appetite to apperceive if I can use my aegis drop for my aftermost month’s rent. While the bulk of the aegis drop was printed on my lease, it wasn’t mentioned abroad and I never got a receipt.
Can I use my aegis drop for the aftermost month’s rent?
A. You are ambagious two issues. The actuality that the freeholder did not accord you a cancellation for the aegis drop does not accord you the appropriate to use the drop for your hire — although you ability accept gotten that receipt.
Under the City of Chicago Residential Freeholder and Addressee Ordinance, a freeholder is appropriate to accommodate the addressee with a cancellation aloft accepting a aegis deposit. The authorization states that the cancellation charge announce the bulk of the aegis deposit, the name of the being accepting it, and in the case of an agent, the name of the landlord, the date accustomed and a description of the abode unit. The cancellation has to be active by the being accepting it.
The penalty, beneath the ordinance, for declining to accommodate that cancellation is that the addressee would be advantaged to an actual acknowledgment of the deposit.
The authorization doesn’t crave a abstracted receipt, or a cancellation abstracted from the lease. In addition, if the aegis drop is mentioned in the lease, best apparently all of the advice that would accept to be provided on the ordinance-mandated cancellation would be independent in the lease. Providing that advice aural the charter provides the basal aegis for the tenant.
It is absurd that a adjudicator would amerce a freeholder if all of the capital advice was provided, because putting that advice in the charter provides the addressee aegis with attention to the aegis deposit.
A abstracted affair is the use of the aegis drop for the aftermost month’s rent. This is acutely banned beneath the law, because the purpose of the aegis drop is to accommodate the freeholder some aegis if the addressee fails to pay rent, or amercement the unit. There are cogent penalties if the freeholder wrongfully retains the aegis deposit. The cast ancillary of that is that the addressee cannot administer that deposit, afterwards the landlord’s permission, to rent.
If you abort to pay the rent, and try to administer the aegis drop to that hire instead, the freeholder has the appropriate to sue you for boot and for rent. While it is absurd that the freeholder would be able to adios you afore you would contrarily move from the apartment, the freeholder would be able to access a money acumen adjoin you for the contributed rent. Even admitting the majority of that judgment, added cloister costs, ability be recovered by applying your aegis drop to that amount, your acclaim almanac would still reflect a acumen adjoin you.
Q. I own a baby accommodation architecture in Chicago, and the architecture is absolute by the city’s ordinance. There are some botheration tenants I don’t appetite to renew. How abundant apprehension do I accept to accord them, and how do I accomplish abiding they will leave at the end of their lease?
A Beneath the city’s ordinance, you accept to accommodate at atomic 30 days’ above-mentioned accounting apprehension to a addressee whose charter you do not intend to renew.
However, you charge debris to renew the charter for a accepted purpose. You cannot abort to renew a tenant’s charter because the addressee is a affiliate of a assertive race, indigenous group, religion, animal orientation, or added accurately adequate class. You additionally cannot retaliate adjoin a addressee by declining to renew the charter because the addressee acclimatized rights that he or she possesses beneath the authorization or beneath the law.
Assuming you accept the appropriate to debris to renew the lease, if you abort to accommodate the apprehension to the tenant, the addressee has the appropriate to remain, beneath the agreement of the lease, for an added 60 canicule afterwards you serve the accounting notice, provided the addressee pays the hire and contrarily abides by the agreement of the lease.
Unfortunately, the alone way to try to ensure that the addressee moves back he or she is declared to is to abide in acquaintance with the addressee and altercate the move’s timing.
If the addressee fails to move back required, you would accept to book an boot suit, and best apparently the addressee will move afore a sheriff would appear to evict. However, in that case, the addressee would be amenable for amercement you would ache by advantage of actual afterwards the charter expires.
Robert A. Boron, a Chicago advocate who specializes in leasing matters, writes about freeholder and addressee issues for the Tribune. Questions to him can be addressed to Rental Q&A, Real Estate, Chicago Tribune, 435 N. Michigan Ave., 4th floor, Chicago, IL 60611. He additionally can be accomplished by e-mail at [email protected] Sorry, but he cannot accomplish claimed replies.
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