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  1. #1
    Join Date
    Aug 2012
    Location
    Chicago
    Posts
    1

    Question Landlord Charging for Repainting

    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!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Charging for Repainting

    The repair of a hole in a wall involves more than slapping on some spackling compound and calling it a day - once you fill the hole it needs to be sanded, primed and painted. If your lease permits you to hang pictures from hooks, and you do so in a manner consistent with the lease, the resulting hole may well be "ordinary wear and tear", but if you remove the nail and spackle the hole you are creating a context in which the repair is not complete until the wall has been repainted. When you do something that necessitates repainting, your landlord can hold you responsible for the depreciated value of the repair.

    If there is a clerical error on the new lease, ask your landlord to correct it.
    Quote Quoting 815 ILCS 165/3. Surety Bonds; Escrow Accounts.
    Any lessor who requires a deposit from a lessee in connection with a consumer lease shall either:

    (a) have on file with the Illinois Attorney General a surety bond, executed by the lessor as principal and a surety company authorized and licensed to do business in the State as surety, in the amount of $10,000. The bond shall be in favor of the State of Illinois for the benefit of lessor's lessees, and shall secure payment by lessor of all amounts due to lessees under Sections 4 and 5 of this Act; or

    (b) place the full amount of the deposit received in an account with a bank, trust company, or a savings and loan association authorized by law to do business in this State. The account shall be in the name of the lessor and shall be clearly denoted on the records of the bank, trust company or savings and loan association as an account for the deposit of security deposits. The lessee must be advised of the name and address of the bank, trust company or savings and loan association at which the security deposit is held. If the account is interest bearing, the party entitled to the deposit at the end of the lease shall be entitled to any and all interest accrued on the deposit. If the deposit amount is less than $150, such interest shall accrue to the account of the lessor.
    If they owe you a full or partial refund of your security deposit, and don't pay it or apply it to the deposit or rent on your new unit, then you can sue them in small claims court.

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