Should I get my security deposit back?

doggo

New Member
Jurisdiction
Illinois
I moved into a room in an apartment in Chicago, IL in 2019. Two women already lived there and I was renting the third bedroom. I was told by my roommate that I would fill out paperwork the day I moved into the apartment and this is a month to month lease. I texted the landlord with my email to send the paperwork to me on move in day and he never did so I never signed/filled out anything. I was also told by my roommate to venmo her one month's rent as security deposit which I did. I later found out that this deposit did not go to the landlord and she was handling the deposit (my landlord had no idea that this deposit existed). I always paid my roommate rent via venmo and she said that she would then pay the landlord.

Dec. 30, 2020 my ceiling started to leak over my bed. My room is small and the bed cannot be moved out of the way so it ruined my bed immediately. Landlord was texted and I started to sleep in the living room as I couldn't sleep in my room. The landlord's roofers tried to fix the leak multiple times but were unsuccessful and the leaking continued. In Chicago, we started to have a lot of blizzards so there was no end in sight with the leaking. I notified my roommates Jan. 27, 2021 that I would be moving out on Jan. 30, 2021 as I have been living in the living room for a month at this point. I also told the landlord the 27th. He agreed to give me $500 for the bed (what I paid for it) and $400 for January rent I already paid as I haven't had a room. My rent is $573 per month and then $95 for utilities. Security deposit is $650 (my rent went up $17 within the past year).

The issue is that my roommate will not give me my security deposit back as she says that "I haven't given her enough of a notice to move out". I was without a room for one month! She never talked to the landlord about February rent and him not charging them for my room (form my knowledge). The landlord just makes the price of the apartment and she made the price of my specific room. Another factor to consider is that because my landlord lives in the building and the building only has 4 units total, a lot of the Chicago rental laws do not apply to me or my landlord.

I know legally my roommate has 45 days to give my deposit back along with a list of damages. After the 45 days if I do not get it back can I take my roommate to small court in IL to get my deposit back? Do I have a chance? Additional info is that I did text her on the day I moved out that I was keeping the keys as collateral until we make an agreement on the deposit. She never texted back.
 
The issue is that my roommate will not give me my security deposit back as she says that "I haven't given her enough of a notice to move out".


You may have NOT had a written lease, but the state of Illinois has your back.

The state has a statute to cover tenants who rent rooms without receiving a written lease from the landlord.

Your roommate wasn't your landlord, because you told us that the landlord reimbursed you for a damaged bed.

However, you gave your friend the deposit.

If she failed to give it to the landlord on YOUR behalf, your recourse is to sue her in small claims court.

I know legally my roommate has 45 days to give my deposit back along with a list of damages. After the 45 days if I do not get it back can I take my roommate to small court in IL to get my deposit back?


You're no dummy, you're a very clever person, and YES, you can sue the friend who CONVERTED the money you gave her to pay the landlord for her own use and gain.

You may be able to convince the police that she is a thief and the police and courts might be able to assist you in forcing her to repay you.
Your PROOF (among other things) would be the VENMO cash you sent her.

You also have texts/emails discussing the VENMO transaction and where she wants to use the money against alleged damages on property she doesn't own.

She is nothing more than what you were, a tenant.

She may also be a con-artist and thief, if the police take an interest in the matter.

Good luck, and if you have a minute once this is resolved, let us know the outcome.
 
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