Public Mediation

F.M. vs. The New Colonies Apartments

The New Colonies Ignores Illinois Law - failure to return security deposit

F. M. vs. The New Colonies Apartments
316 W 34th St, Steger, Illinois, 60475-1445 , United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 4475535
    • Amount Involved: 560.00
    • Filed On: Apr 09, 2020
    • Posted On: Apr 20, 2020
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Customer service runarounds
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Statement of Claim
Claimant says:
"The New Colonies Apartmens has totally disregarded the Illinois statute 965 ILCS 710 Security Return Act.
In 2015 I co-signed on an apartment for my parents. At the time I put a down payment of $500. In 2019, we paid all outstanding rent and gave a notice. I even supplied the office with a letter and check. The letter stated that we were vacating the property and to please forward my security deposit and interest to stated address.  It has been a year and I still have not received my security deposit.
In Illinois, since The New Colonies has more than 25 rental units, they are required to pay interest to any tenant that was not in default of the lease. We were not in default. In addition, in the state of Illinois, because New Colonies owns more than 25 units in their complex, it requires them to pay interest on security deposits to tenants whenever the deposit is retained by the landlord for six or more months. It has been way over that, as mentioned earlier it has been over a year.
The accrued interest MUST be paid out to tenants annually, within 30 days of each 12- month rental period.  This was never done. 
There was natural wear to the apartment and when we vacated, we cleaned everything the best of our ability. They never painted so we couldn't do anything about that. We never received a notice as to why they were not returning the security deposit. In fact, I called several times, and left numerous messages, they simply ignored my requests for a call back. Instead they kept the security deposit without any explanation. In the state of Illinois they are required to return security deposits less cost for cleaning or repairs no later than 30 days after a tenant moves out, if that was the reason, in the state of Illinois we were to be notified 30 days after we moved out with an itemized, written list of deductions. Again, no letter or return call. 
The still had time to rectify, and provide a letter if exceeded 30 days after we vacated the property to repair any damages (which there weren’t). They failed to provide a written statement to us (tenants) (within 30 days of having vacated the unit) which could have stated their intention to make deductions for damages and remit any balance to the tenant within a further 30 days. In addition, they were supposed to provide us (tenants) with a copy of the receipt(s) for repairs to our (tenants) former residence.
I would like to settle this without going to court. In the state of Illinois, landlords who fail to adhere to these guidelines risk being ordered by the state to return a tenant’s full deposit amount, along with any associated legal fees.
I have tried numerous times to contact them, and all my messages were simply ignored. I even called the call center to connect me with some live and it was always the same story, they were not in or “out showing properties”.
I hope to get this resolved or I will be seeking legal counsel."
Reply Have a similar problem?
  • 04-09-2019 — Presented letter with forwarding address info for security deposit and move out date
Additional Communication Between Claimant and The New Colonies Apartments Hide
  • Apr 28, 2020, Claiming party added:
  • Due to statutes in the state of Illinois, if I do not get a response, I will be filing a claim with the County Court house.
    I would appreciate the refund and a response.

    Thank you.

What Claimant Wants Hide
1. Security Deposit with interest Apr 30, 2020 $560.00
Cash total : $560.00
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from The New Colonies Apartments. This claim will remain posted until resolved
Offer History
Apr 09, 2020
Claimant's Terms of Settlement to The New Colonies Apartments
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  • Contributed Solution: by George Maxwell On 05-01-2020
    New Colonies Apartments should refund deposit and costs to tenant immediately, with an apology More...
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