RLTO in Practice

RLTO Interest Rates

Illinois Deposit Cases

ILLINOIS SUPREME COURT

Landis v MARC Realty LLC (2009)

VG Marina Mgmt. Corp. v. Wiener  (2007)

Lawrence v Regent Realty  (2001)

Dobbins v. Duquid  (1872)

ILLINOIS COURTS OF APPEAL

Berven v. Marquette Bank & Trust (2009)

Willis v. NAICO Real Estate (2008)

VG Marina Mgmt. Corp. v. Wiener  (2007, 2008)

Detrana v. Such  (2006)

Krawczyk v. Livaditis (2006)

Allen v. Lin  (2005)

Turner v. 1212 S. Mich. P'ship  (2005)

Starr v. Gay  (2004)

Sternic v. Hunter Properties (2003)

Pitts v. Holt (1999)

Namur v. The Habitat Company (1998)

American National Bank v. Powell  (1997)

Szpila v. Burke (1996)

Plambeck v.Greystone Management  (1996)

Friedman v. Krupp (1996)

Spiegel v. Hollywood Towers Cond. Assoc.  (1996)

Meyer v. Cohen (1993)

Solomon v. American Nat'l Bank and Trust Co.  (1993)

Reed v. Burns (1992)

Landis v MARC Realty, LLC, 235 Ill. 2d 1 (2009)

The Supreme Court just confirmed what we already knew from Namur v Habitat; the statute of limitations for damages equal to two times the security deposit is two years.  Tenants who wait longer than that to file their case will have no case; and also, if the tenant files in time, these rules are absolute and strict against landlord:

"subsection (f) of section 5-12-080 imposes automatic liability for a violation of its terms. The provision states that where a landlord fails to comply with the terms of the section, the tenant "shall be awarded" damages in an amount equal to two times the security deposit plus interest. Chicago Municipal Code § 5-12-080(f) (amended May 14, 1997). The use of the word "shall" suggests that the award to plaintiff is automatic, or mandatory, where the landlord has violated the terms of the provision. See People v. Galan, 229 Ill. 2d 484, 532, 893 N.E.2d 597, 323 Ill. Dec. 325 (2008) (the word "shall" indicates a mandatory requirement)."

ATTENTION: Because the Illinois General Assembly and the various Illinois city councils may change, amend, or abolish the law without notice, the statutes provided here are not guaranteed to be an exact reproduction of the law at this time. The laws provided here are for informational purposes only and should not be relied upon before taking any action. Please consult an attorney.
This web site is intended to supply general information to the public. Although the information is generally accurate, it cannot be guaranteed. The nature of Legislation is that laws change quickly, and visitors should always insure that legal information is accurate before relying on it. The above information applies the law of the State of Illinois and City of Chicago. The law in your jurisdiction may be different. This information is necessarily brief and may or may not apply to your situation. In all cases, PLEASE, consult a lawyer before acting.
This web site is not intended to be advertising, solicitation, or legal advice. Thus, the reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state.