My question involves landlord-tenant law in the State of: Illinois
I'm sure this question has been asked many times, but I wanted to get a direct response to my issue. Thanks for reading!
I've been living in my unit for 2 years. I've signed a standard lease at move in and gave the security deposit and the dog deposit. The second year the landlord renewed the lease and all the terms still applied. Recently, the landlord asked me to move units so they could move into the unit I have been renting. I agreed, at my own expense, to do so. I've been asking the landlord for a lease for 3 months and they have yet to provide one to me. The landlord now is saying that I'm responsible for having the original unit repainted and that they would supply me with receipts of the costs. I want to be clear, there is NO damage, I've even patched the nail holes with standard joint compound. There are a few marks here and there, but no damage. No where in my lease does it state that I'm am responsible for repainting the unit.
As expressed in the lease agreement I have, it states: "Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of the lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor."
As far as I can tell, it the landlords responsibility because it falls inside the realm of "ordinary wear and tear". Furthermore, the landlord is now saying they will not supply me with a current lease for the new unit, but instead they have dated it Feb '13 - '14. I feel like this is super shady. The new lease does not indicated the security deposit that I have gave to them 2 years ago. The deposit also is not sitting in an escrow account, is that right?
Questions:
1. What are my legal rights in regards to NOT being responsible for repainting the unit?
2. What do I do about getting them to make the lease for the current dates?
3. Is it legal for them to not have my deposit in an escrow account and supplying me with statements indicating such?
4. If they don't rollover my security deposit what is my next move? Do I take them to small claims court and would I have a shot at winning?
Thanks!

