Security Deposit Return Act

[TSmith1978]

I am preparing for a case in the small claims court in Illinois.
My case concerns a landlord retaining funds after the tenant left the property.
He did not conform to the Security Deposit Return Act (765 ILCS 710)
However the landlord in question only has one or two rental properties so is not specifically subject to this act.
Is there another law that I could cite, or can I cite this law in the context that it is a guide to how a landlord should behave with reference to the returning of funds, the time limits and the production of receipts/ bills etc.?

 

[army judge]

You could make the latter argument.
But, the landlord would counter with the legislative intent.
The intent was to exempt owners of two or three properties.

The law could have included them, yet it specifically exempted them.

I understand where you're trying to go, but I don't see you getting there with that argument.

There is no legislative sanction on small rental property owners.

Equity is a better way to characterize it.

Absent a specific statute, equity would demand the return of deposits within a reasonable time.

A time similar to what is required of property owners renting 100 units, but certainly no more than 60 days.


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