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Ordinance outlines steps Chicago landlords should follow

Tenant advocates push security deposit safeguards

Tenant advocates push security deposit safeguards
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Alexandra Kogler was entitled to almost $5,000 from her landlord. Instead the Northern Chicago resident received a letter from him informing her she would be receiving nothing.

When Kogler moved to Chicago in August 2002 from Buffalo, N.Y., she noticed a number of problems: a broken refrigerator, leaky bathtub and a number of minor scratches to the walls that needed repair. The landlord promised to take care of them but, for two years, the refrigerator sat unfixed, the bathtub leaked and the walls went unrepaired.

In 2004 she decided not to renew her lease. Within 30 days, she received an itemized list of damages from her landlord and a notice that the landlord was retaining her entire $2,400 security deposit.

One of the repairs: $500 for a brand new refrigerator.

"I demanded my money back and I never received a response," Kogler said. "At that point I didn't know who to go to or who to seek help from."

Landlords across Chicago keep millions of dollars in security deposits each year, according to Chicago housing advocates, and most Chicagoans do not realize they are losing out.

But tenant rights organization are now leading the charge to ensure that tenants get what's coming to them. They are mounting a campaign to inform renters of Chicago's Residential Landlord and Tenant ordinance, which governs handling security deposits in Chicago.

At stake is an estimated $1 billion in security deposits, according to 2005 Chicago data from the U.S. Census Bureau, some of which has ended up in landlords' pockets instead of being returned to their renters.

Adopted in November 1986, Chicago's ordinance is the most progressive in Illinois, granting considerable rights and remedies to tenants, according to Pensack.

The ordinance outlines a strict set of guidelines landlords must follow regarding security deposits.

If the landlord fails to meet any of these requirements, the tenant is entitled to twice the amount of the security deposit. In Kogler's case, that amounted to $4,800.

"I talk to hundreds of tenants each year," said Douglas Pensack, the associate director of the Illinois Tenants Union. "The norm is that people get stiffed."

Agencies like the Illinois Tenants Union seek to advocate on behalf of tenants, operating under the belief that awareness isn't enough.

One Chicago landlord says the majority of Chicago property owners don't comply. Most landlords have never even heard of the ordinance, thus defeating its purpose, according to Larry McCarthy, who once managed more than 4,600 properties in Chicago and currently runs a landlord training program.

"Two-thirds of those I meet are unaware of it," McCarthy said.

Kogler said that had she known her rights, she might have gone through proper channels to get her money back.

"It's tough because you're really at their disposal. They have your money and it's tough to get it back," she said.

What landlords must do

Give you a signed written statement saying they received your deposit, the date and their name.

Deposit your money in a bank or other financial institution in Illinois that is federally insured.

The account must be interest-bearing.

Each year, the landlord must pay you the interest, as set by the city comptroller (2007 rate = 1.68 percent).

The account must be separate from any of the landlord's assets.

Within 30 days after a lease expires, the landlord must provide an itemized list of damages to be withheld from the deposit.

Within 45 days after a lease expires, the landlord must give the deposit plus interest minus damages and any unpaid rent back to the tenant.

If any of these conditions are not met, the tenant is entitled to twice the amount of the security deposit.

Copyright 2012 nwitimes.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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