I just got off the phone with a new client, Janet Wood. Ms. Wood rented Apartment 2B (a one

bedroom, one bathroom apartment) from Mr. Ralph Furley at 1983 Company Drive, Chicago, IL

60604, a 25-unit building. Her lease ran from June 1, 2020, to May 31, 2021. The monthly rent

was $1600 (including parking). According to Ms. Wood, she timely paid her rent every month.

She also gave Mr. Furley a $2400 security deposit when she signed her lease.

Ms. Wood opted not to renew her lease (even though Mr. Furley tried to persuade her into

doing so), and she moved out on May 27, 2021. On June 10, Ms. Wood called Mr. Furley and

asked him to return her security deposit (or what is left of it). Mr. Furley refused. He explained

that her dog, which was allowed under the lease, damaged the hardwood floors to such an

extent that they had to be replaced. According to Mr. Furley, the cost of repairs depleted her

entire deposit. Despite Ms. Wood's requests, Mr. Furley has not returned her deposit, and he

has not provided any documentation to show that the repair of the floors was necessary, that

the cost of repairs amounted to the security deposit, or that the repairs were actually

performed. He asserts that he did not know that he had to document the repairs were made or

that he had to respond within a specific time. Ms. Wood tells me that neither she nor her dog

damaged the floors beyond ordinary wear and tear. Unfortunately, she did not take any

photographs of the apartment before she moved out.

Ms. Wood has hired our firm to ensure her security deposit is returned. Before we file any kind

of lawsuit, I would like you to first draft a memo analyzing whether her suit would be

successful. It seems to me that if the dog damaged the floors and the landlord needed to

replace them, then her security deposit will not be returned. What will an Illinois court say?

The Chicago Residential Landlord and Tenant Ordinance (Excerpt)

5-12-080 Security deposits.

[subsections (a) through (c) omitted]

(d)The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit

. . . , return to the tenant the security deposit or any balance thereof and the required interest

thereon; provided, however, that the landlord, or successor landlord, may deduct from such

security deposit or interest due thereon for the following:

(1) Any unpaid rent which has not been validly withheld or deducted pursuant to state or

federal law or local ordinance; and

(2) A reasonable amount necessary to repair any damage caused to the premises by the

tenant or any person under the tenant's control or on the premises with the tenant's consent,

reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to

the last known address of the tenant within 30 days an itemized statement of the damages

allegedly caused to the premises and the estimated or actual cost for repairing or replacing each

item on that statement, attaching copies of the paid receipts for the repair or replacement. If

estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a

certification of actual costs of repairs of damage if the work was performed by the landlord's

employees within 30 days from the date the statement showing estimated cost was furnished to

the tenant.

[subsection (e) omitted]

(f)(1) . . . if the landlord fails to comply with any provision of Section5-12-080(a)-

(e), the tenant shall be awarded damages in an amount equal to two times the security deposit

plus interest at a rate determined in accordance with Section5-12-081. This subsection does not

preclude the tenant from recovering other damages to which he may be entitled under this

chapter.