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)

Starr v. Gay, 354 Ill. App. 3d 610, 613-614 (1st Dist. 2004)

This tenant lost their case, but the Appellate Court made some strong statements about what 080(a) prohibits that will help Chicago renters in the long run.  Landlords are penalized under 080(a) for rendering tenant security deposits "attachable."

"Security deposit provisions like section 5-12-080(a) are designed to keep tenant monies out the reach of creditors of landlords and prevent risks inherent in commingling, such as a landlord's intentional or inadvertent personal use of tenant funds contained in a commingled account.

A security deposit has been defined as money a tenant deposits with a landlord as security for the tenant's full and faithful performance of the lease terms. Under the terms of a lease agreement, a security deposit remains the tenant's property which the landlord holds in "trust" for the tenant's benefit subject to the tenant fulfilling its obligations under the lease."

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