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)

Turner v. 1212 S. Mich. P'ship, 355 Ill. App. 3d 885, 896 (1st Dist. 2005)

Can't dismiss Tenant's claim that their deposit was commingled - even for a minute.  Appellate Court sent the case back to the trial court to see if commingling occurred. 

"[Landlord] claimed in her affidavit that 1212 deposited the [Tenants'] security deposit into a "segregated, interest-bearing account," specifically "Security Deposit Account No. 5330059593" with American National Bank and Trust, on February 11, 2000. However, the canceled money orders comprising the security deposit, attached to [Tenant's] affidavit, reveal deposit dates of February 15, 2000, into the "Insignia Management Group 1212 S. Michigan Operating Fund." Further, later, in her deposition, [Landlord] admitted that standard operating procedure for 1212 was actually to deposit tenants' security deposits into one account and then to make a bulk transfer of those funds into a security deposit account at a later date. She testified that she believed the [Tenants'] security deposit had been transferred to the security deposit account as part of a $ 10,000 transfer made on February 22, 2000, but did not corroborate that belief with any other evidence. Hence, there were factual questions regarding whether the funds were commingled, and, if so, for how long, to be resolved by a jury."

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.