rocknrobn26 Posted May 11, 2010 Share Posted May 11, 2010 So we finally have my Mom in our house, but we are trying to get her apartment cleaned out and just get rid of it. All HER stuff is out, but.......... Problem: The landlord wants us to do a major cleanup, even though he ignored it for 25 years. Understand also the guy is a doofus. Too long too explain. What do I need (legally) to do? I was willing to get it cleaned at what ever cost, but my Mom said she paid $395 the first year as a SD and she also was assessed more $$$ as time went on. BUT, we have no records of her EXTRA payments. Questions: Long story short...What do we HAVE to do? Can I tell him "Keep the SD and we'll walk away (Legally?)"? Should I clean the place and expect to get back the SD? Should I clean the place only after he puts the SD in some kind of Escrow acct.? Not sure how to do that. Should I hire a lawyer? All I'm trying to do is get her out and save her as much $$$ as possible! I need help ASAP. Please help! rr26 Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 Bump for urgency! Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted May 11, 2010 Share Posted May 11, 2010 (edited) State Laws vary on how the security deposit disbursement is to be handled. The SD money does have to go into an escrow in most states, can not be held in the same accounts as rents, etc... In many cases people can and are forced to pay amounts above and beyond the security deposit depending on the amount of disrepair the dwelling is left in. Now, my only experience with this is from when I brokered apartments, so take my info for what it is worth. In my career in doing that I have spoken with numerous (I averaged about 25 sales per year) property managers and gleaned this information from conversations regarding this issue, so I hoipe they were up on their knowledge. I sold apartments in GA, NC, SC, TN, and AL... and the laws vary a bit from state to state in this region, so they could vary greatly in your area. Basically, I'd clean the diaper dirt out of the place, try and get your money back and if he tries to charge you more, consult an attorney. I'm doubtful you will see the security deposit back unless this guy is above board. ETA: DO NOT FORGET TO HAVE HIM DO A FINAL WALK THROUGH WITH YOU PRESENT AND HAVE HIM NOTE ALL THE DEFICIENCIES THAT HE SEES SO YOU CAN FIX THEM!!!! Edited May 11, 2010 by SEC=UGA Quote Link to comment Share on other sites More sharing options...
JoJoTheWebToedBoy Posted May 11, 2010 Share Posted May 11, 2010 ETA: DO NOT FORGET TO HAVE HIM DO A FINAL WALK THROUGH WITH YOU PRESENT AND HAVE HIM NOTE ALL THE DEFICIENCIES THAT HE SEES SO YOU CAN FIX THEM!!!! And Record it if possible Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 State Laws vary on how the security deposit disbursement is to be handled. The SD money does have to go into an escrow in most states, can not be held in the same accounts as rents, etc... In many cases people can and are forced to pay amounts above and beyond the security deposit depending on the amount of disrepair the dwelling is left in. Now, my only experience with this is from when I brokered apartments, so take my info for what it is worth. In my career in doing that I have spoken with numerous (I averaged about 25 sales per year) property managers and gleaned this information from conversations regarding this issue, so I hoipe they were up on their knowledge. I sold apartments in GA, NC, SC, TN, and AL... and the laws vary a bit from state to state in this region, so they could vary greatly in your area. Basically, I'd clean the diaper dirt out of the place, try and get your money back and if he tries to charge you more, consult an attorney. I'm doubtful you will see the security deposit back unless this guy is above board. ETA: DO NOT FORGET TO HAVE HIM DO A FINAL WALK THROUGH WITH YOU PRESENT AND HAVE HIM NOTE ALL THE DEFICIENCIES THAT HE SEES SO YOU CAN FIX THEM!!!! Not the news I wanted, but greatly appreciate the info. The walk thru is a good idea, but as I said the landlord is a flake What I am hoping for is someone to say "Walk away, No problem!". But that may be too much to ask for. Thanks SEC, big help and considerations to be had. rr26 Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 Realizing I put this out at short notice and was hoping for instant replies, I, in the mean time, talked w/ the doofus landlord and got him to agree to us wavering the SD and for HIM taking responsibility for cleaning the apartment and giving us a "Clear and Free" status. Maybe that was short sighted, but we had no proof of an SD, nor the increases over the last 25 years. Maybe I f'd up, but frankly there was no way I could trust this clown to give us ANY money back IF I spent $300+ to clean the place. So we will be meeting him in the next week or so to hand over the keys and in return I get a letter that specifies we owe nothing further to him. Opinions welcome on what I did...+ or -. TIA Quote Link to comment Share on other sites More sharing options...
skylive5 Posted May 11, 2010 Share Posted May 11, 2010 IMHO think you did the right thing. As long as you get written confirmation that you owe nothing else. Quote Link to comment Share on other sites More sharing options...
Azazello1313 Posted May 11, 2010 Share Posted May 11, 2010 Realizing I put this out at short notice and was hoping for instant replies, I, in the mean time, talked w/ the doofus landlord and got him to agree to us wavering the SD and for HIM taking responsibility for cleaning the apartment and giving us a "Clear and Free" status. Maybe that was short sighted, but we had no proof of an SD, nor the increases over the last 25 years. Maybe I f'd up, but frankly there was no way I could trust this clown to give us ANY money back IF I spent $300+ to clean the place. So we will be meeting him in the next week or so to hand over the keys and in return I get a letter that specifies we owe nothing further to him. Opinions welcome on what I did...+ or -. TIA that's what I would have tried to do. probably could have saved her a little money playing dumb little games with the guy, but it's really probably not worth it. Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 that's what I would have tried to do. probably could have saved her a little money playing dumb little games with the guy, but it's really probably not worth it. TY, AZ. We have no proof as to what she paid. If he relinquishes the SD for a "Clean Bill" I am happy, and the few bucks left over....give it to the clown. He'll prolly rent it out to some illegals anyway for twice the price, but Icouldn't care less! I just want my Mom free and clear. TY, again. Quote Link to comment Share on other sites More sharing options...
dmarc117 Posted May 11, 2010 Share Posted May 11, 2010 (edited) you could be due some interest on that sd. In most properties in Chicago, Evanston, or Mt. Prospect, you should be paid interest each year. Elsewhere in Illinois, you are required to be paid interest only if you live in a building or complex with 25 or more apartments. ask him if he has a copy of the original lease or any lease. maybe there will be a note of the sd on there. if he doesnt have one, tell him to punt. but take pics of the place so you have proof of the condition of the property. Edited May 11, 2010 by dmarc117 Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 IMHO think you did the right thing. As long as you get written confirmation that you owe nothing else. TY my friend. I agree. But you have to talk to this clown. Jeebus, he's a nut ball! you could be due some interest on that sd. No doubt, but is it worth going after him for a couple of hondo or less? Small claims court? No disrespect, but is it worth dragging my 90 year old Mom into court? She'd probably win, but at what cost? Truly I appreciate what you said, but we are just looking to get away free and clear. ask him if he has a copy of the original lease or any lease. maybe there will be a note of the sd on there. if he doesnt have one, tell him to punt. but take pics of the place so you have proof of the condition of the property. I like the pics comment. The place looks bad (just dirty), but has no physical damage (holes in walls...yada...yada) Good idea...TY! Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted May 11, 2010 Share Posted May 11, 2010 I'd prolly just walk away from the SD. Think you made the right decision, especially with no real paper trail to how much money she had given him. You could search for the cancelled checks and see what it amounts to, but again, if you're happy/relieved that the situatuion has concluded, that is all that matters. Quote Link to comment Share on other sites More sharing options...
Furd Posted May 11, 2010 Share Posted May 11, 2010 (edited) Its difficult to answer your question without knowledge of Illinois law. Landlord-tenant law is often fraught with hoops that both a landlord and a tenant must jump through at the end of the tenancy. Typically, a tenant must return the premises to a landlord in the condition it was in when the tenant took possession. At the end of the tenancy, it is likely that the law requires the landlord to provide the tenant with a checklist of some sort and an itemization of any damages that the landlord believes is due (such as repairs or unususal clean up). The tenant will have so many days to dispute the charges. The landlord may be able to deduct the charges from the security deposit, etc. To surrender the $395 security deposit to avoid the hassle was probably the best move. However, this concerns me: I was willing to get it cleaned at what ever cost, but my Mom said she paid $395 the first year as a SD and she also was assessed more $$$ as time went on. I'm not sure what you mean by "assessed more $$$." Increases in the security deposit? In any event, that could represent additional $$$$ that should have been returned to your ma. But, if you don't have records, and the landlord is unscrupulous, it probably doesn't matter. Edited May 11, 2010 by Furd Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 I'm not sure what you mean by "assessed more $$$." Increases in the security deposit? In any event, that could represent additional $$$$ that should have been returned to your ma. But, if you don't have records, and the landlord is unscrupulous, it probably doesn't matter. I put too many $$$. Shoulda been $$. She said that every 3-4 years he assessed her an extra $5-$10 or so once that year, so we're probably only talking an extra $50 or so. She has not had a lease, nor has her rent been raised for at least the last 6-8 years. Quote Link to comment Share on other sites More sharing options...
Furd Posted May 11, 2010 Share Posted May 11, 2010 I put too many $$$. Shoulda been $$. She said that every 3-4 years he assessed her an extra $5-$10 or so once that year, so we're probably only talking an extra $50 or so. She has not had a lease, nor has her rent been raised for at least the last 6-8 years. You done good methinks. Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted May 11, 2010 Author Share Posted May 11, 2010 You done good methinks. TY...I think so also. Plus he just sent me an email confirming everything, but the idgit put the wrong Apt. # on it. Quote Link to comment Share on other sites More sharing options...
MrTed46 Posted May 11, 2010 Share Posted May 11, 2010 I would say keep the SD and walk away Quote Link to comment Share on other sites More sharing options...
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