Q. I moved from Chicago at the end of August, and I'm havingtrouble getting my security deposit back from my landlord. When Imoved, I gave him a stamped, self-addressed envelope to send me mydeposit. A few days after the 45-day limit expired, I called and lefta message. I got a message back from him later that day. He told methat his account has been frozen and that it will take two to threeweeks to get his line of credit extended. He asked me to be patient.I have no problem with patience, but I also want to protect myrights. How can I file a report or some other legal document thatputs me in line as a creditor should he declare bankruptcy?
A. I will assume that you are protected under the ChicagoResidential Landlord and Tenant Ordinance. Your landlord might be inhot water if the account where your security deposit was placed wasfrozen.
Under the CRLTO, the landlord is required to place the deposit ina separate, trust-like interest-bearing account. By law, this specialaccount is excluded from creditor claims, even in bankruptcy. He alsomust pay you interest at the rate of 2.71 percent.
If the landlord commingled your deposit in another account, youcan sue him for an amount equal to two times the deposit. He is alsoobligated to return the full amount of the deposit plus interest toyou within 45 days of moving out, unless he makes damage claims. Theclaims must come within 30 days of leaving, with repair receipts andthe balance returned 30 days after the claim letter. Statutorydamages for missing the schedule are equal to double the deposit.
The CRLTO specifically identifies the deposit as your property andnot his. Therefore, his creditors have no claim on it.
Write mediator Ed Sacks at Apartment Watch, Homelife, Chicago Sun-Times, 401 N. Wabash, Chicago 60611, or by e-mail atedsacks@suntimes mail.com.
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