Landlords Must Itemize Damages

A recent case, Nadhir v. Solomon, 2011 IL App (1st) 110851 (September 20, 2011) Cook Co., 2d Div., came down hard on Evanston landlords.

In that case, the three plaintiffs had rented an apartment in Evanston from the defendant landlords.  The landlord claimed the property had been heavily damaged when they walked through it with the tenants at the end of the lease. The tenants stated that the unit was in good condition and that the landlord had not raised any complaints at the walk-through.  After the lease ended, the landlord did not return the security deposit.  Evanston City Ordinance requires the landlord to provide a a written list of damages to the tenant, showing the cost of repair of each item separately, and stating what amount is being deducted from the tenant’s security deposit.  This notice must be provided within 21 days after the lease ends.  In this case, the landlord simply wrote “TBD” in lieu of providing an actual amount for each damaged item.

The trial court found for the defendant landlords, stating that it was okay for the landlord to state “TBD” in lieu of the amounts due.  The appellate court, however, disagreed.  The ordinance clearly states that all damages must be itemized with the amount due.  The court relied on the plain language of the ordinance and ruled in favor of the tenants.  The landlord was ordered to return the security deposit, minus the one item the landlord had itemized in his notice, to the tenants.