What to do If my landlord did a suppossedly satisfactory walk-thru with me but after move-out made deductions from my security deposit check?

The landlord did the walk-thru and she said that the house was in good condition and then changed the locks while we were present. However, when we received out security deposit check the move-out condition list stated that there were $450 in damages. Is it wise to sue? She did not give us any opportunity to fix whatever she thought needed to be fixed and did not give us any notification that there were issues until the security deposit check came in the mail $450 short, even though she had already told us the house was in good condition. It is a private landlord and there was no move-in checklist or move-out checklist done until the security deposit was mailed to us.

Asked on September 12, 2012 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have a copy of documentation showing the cindition of the former rental upon move out, you have a problem proving that the debits as to your security deposit by your former landlord are unreasonable.

I suggest that you write the former landlord setting forth your position as to the security deposit debits and the comments made to you on the walk through by the former landlord that the house was in good condition. Keep a copy of the letter for future use and need.

If you do not get the response you want to the letter sent to the former landlord, you option is to bring a small claims court action against him or her for the $450.00 debited from your security deposit.

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