Most problems regarding refund of a deposit involve a dispute about the condition of the rental unit. Tenants claim they are being charged for damage that existed at the time they moved in. Or, they claim that the cleaning and repairs for which they were charged upon moving out were not really needed.
You will need proof of the condition of your rental unit at the time that you first moved in, and on the day that you move out and return the keys. Without this proof, you will have a very hard time disputing deductions from your deposit that you may consider unfair.
MOVE-IN CONDITION REPORT: During the first three days after you pick up your keys, prepare a condition report of every item that is dirty, broken, scuffed, torn or otherwise not 100% perfect. This is not a repair list. This is your "I didn't do it" list. BE SPECIFIC. Is the carpet stained? Do the walls need to be painted because they have numerous nail holes, or are tape marks left on the walls, or are they dirty? If your list is vague or incomplete, you'll pay the price.
Also include on this list, an inventory of everything in the apartment. You would not want to be charged at move-out time for a missing chair or blinds that were never provided at the start of the lease.
It is wise to either ask the landlord to sign and date your copy of the move-in condition report or to have the report notarized to prove that you really filled it out when you first moved in. You can get your condition report notarized at the Tenant Union office in 326 Illini Union.
Don't wait for the landlord to provide you with a condition form. Most don't.
If anything looks really bad, photograph it as well. If the walls just have a few nail holes, write on your condition report the number of nail holes. If the wall has a 1/2 foot long piece of paint missing, photograph it AND write it on your condition report. Burns or stains on carpets, worn furniture and anything that would best be explained by a photograph should be photographed.
At the start of the lease, photograph any walls, carpets, furniture, fixtures or appliances that are dirty or damaged so you will have photographs to compare move-in and move-out condition.
A note about repair problems. Some landlords do not even look at your move-in condition report. If you have repair needs when you move in, include those on your condition report, and then send the landlord a separate letter requesting the repairs.
If the work is neglected, it could easily become damage for which you are charged when you move out.
One picture is worth a thousand words. If the landlord charges you $50 for oven cleaning, will you be able to prove that the oven and range were clean? A couple of good photographs of the inside and outside of the oven/range will do that. To prove you cleaned, you should also have photographs of the inside of the refrigerator, the toilet, tub/shower, bathroom sink and floor, the kitchen cabinets, sink and floor, and the floors or carpets, windows/blinds and walls in each room. The cost of one roll of film is small compared to the amount of money you risk losing if you cannot prove that you cleaned your apartment or house. For a house, also take photographs of the basement, attic, porch and of the grounds to show you mowed the lawn and did not leave junk in the yard or behind the house.
 | USE A FLASH TO MAKE SURE YOU HAVE ENOUGH LIGHT TO GET GOOD PICTURES |
| USE A DISPOSABLE CAMERA AS BACK UP TO DIGITAL PHOTOGRAPHS |
Many tenants have had difficulty getting good quality print-outs of their digital photographs. It is also very easy to alter a digital photo to eliminate the damaged areas and landlords argue with us about the legitimacy of digital photographs. If you don't own another type of camera, buy a disposable camera with a flash. They cost about $5 - $10. Some tenants go ahead and take digital photographs because they are easier to mail electronically, but they take back up photographs with a disposable camera and don't even pay to develop the film unless they have a problem getting the landlord to acknowledge the digital photographs.
Anyone who is not your roommate or immediate family member can be a witness. It is best to choose someone who will not be leaving town in the next year.
To prove the date you took your move-out pictures, photograph the front page of the newspaper on the day you move out (make this the first photo on the roll).
It is also a good idea to take photographs of any damage that has occurred during your tenancy. If a wall is damaged by a water leak that the landlord neglected, a photograph will show that painting was needed to cover the water spots -- not because you used tape to hang posters. Even if you did the damage, you would be wise to photograph it. Then you will be able to show that the hole you accidentally put in the wall was only the size of a quarter and not 3 feet wide.
If you dispute deductions made from your deposit:
Contact the Tenant Union to discuss strategies for obtaining a proper refund.
The Illinois Security Deposit Return Act, 765 ILCS 710/1 states:
Illinois has no comparable statute for houses or properties with fewer than 5 units. In those cases, your lease should state conditions and timing for deposit refund. Consider adding a clause to your lease requiring the landlord to give you an itemized statement of damages and specifying the time period for refund.
URBANA CITY CODE (Section 12.5-20) imposes the same requirements as the state law, except those requirements apply to ALL rental properties, even properties with fewer than five units, including a duplex or a house. Urbana city code, also says:
In Urbana, a landlord should not charge a tenant for carpet cleaning or painting unless the tenant has done damage beyond normal wear or unless the tenant agreed in the lease to pay for carpet cleaning or painting as a service.
If you will be disputing the amount of your deposit refund, remember these important tips:
|
DON'T CASH THE CHECK |
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DON'T THROW AWAY THE ENVELOPE IN WHICH IT WAS MAILED |
By cashing the check, you make yourself vulnerable to a claim by the landlord that you accepted the amount of the check as settlement of the deposit. The reason you should keep the envelope that was mailed to you is to prove the date it was postmarked, in the event that the landlord did not comply with the time periods required by the state law.
Note that the law requires the landlord to send your deposit refund to your "last known address." To avoid dispute over whether or not you gave the landlord your new address, register a change of address with the post office. Then, if the landlord sends your refund to the address of the property you rented from him/her, the refund will be forwarded to you by the post office. If you had roommates, also check with them before you assume the landlord failed to refund your deposit. Some landlords send a statement and partial refund to each roommate, but others send all of the documentation and full refund to one person.
CONTACT TENANT UNION IF YOU HAVE QUESTIONS ABOUT YOUR REFUND.
The Urbana Landlord-Tenant Ordinance, Chapter 12.5 of the city code requires interest be paid on all deposits of $100 or more if held for at least 6 months if the tenant has not defaulted on the lease. State law applies in all other cities in central Illinois and requires interest be paid only if the property at which you were renting had 25 or more units in one building or in a complex of buildings on contiguous parcels of property, provided you did not default on the lease and the deposit was held for at least 6 months. The rates are different for Urbana and for the rest of the state and are set by law.
Under state law, the Security Deposit Interest Act 765 ILCS 715 these rates apply if the lease started in:
1977-93: 5%
1994: 2.5%
1995-97: 2.75%
1998: 2.5%
1999: 1.88%
2000-01: 1.73%
2002: .45%
2003: .40%
2004: .30%
2005: .40%
2006: .55%
2007: .50%
In Urbana, the Landlord-Tenant Ordinance provides that the rate of interest paid on a deposit is based on the interest rate paid by the largest bank in Champaign County for a minimum deposit passbook savings account on June 30 prior to the lease start date.
Rates for Urbana: Lease started after June 30
1983-1994: 5%
1995: 2.15%
1996-2000: 2%
2001: 1.49%
2002: .85%
2003: .50%
2004: .25%
2005: .25%
2006: .50%
2007: .50%
Interest is calculated from the date you paid the deposit, for the entire time it was held, and is due within 30 days of the end of EACH 12 month lease period.
HOW TO COMPUTE INTEREST DUE ON A DEPOSIT
If your landlord held your deposit for several years and did not pay interest each year, you will need to compute the amount for each 12 month period the deposit was held, using each year's interest rate.
PENALTY: A landlord who willfully fails or refuses to pay the interest on deposit as required by law can be held liable in court for an amount equal to the deposit itself, plus court costs and attorney fees.
EXEMPTION: Damage deposits paid for publicly-owned housing (including University-owned housing) are exempt under state law.
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The Tenant Union does not provide legal services of any kind. All information provided in this publication is intended to help the average person prevent problems and deal with common concerns of renting. When legal help is needed, always consult with an attorney at law.
The URL for this page is http://www.tenantunion.uiuc.edu/hb19.html
This page was last updated on 2/5/07
