Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

01/27/88 Thomas E. Evans, On His v. Ional Village Apartments

January 27, 1988

OTHER PERSONS SIMILARLY SITUATED, PLAINTIFF-APPELLANT

v.

INTERNATIONAL VILLAGE APARTMENTS, DEFENDANT-APPELLEE

THE CONTROLLING STATUTE IS "AN ACT IN RELATION TO SECURITY DEPOSITS . . ." (ILL. RE

v.

STAT. 1979, CH. 80, PAR. 101), WHICH IMPOSES CERTAIN OBLIGATIONS UPON LESSORS OF RESIDENTIAL PROPERTY OF 10 OR MORE UNITS. THE STATUTE IN RELEVANT PART STATES:



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

THOMAS E. EVANS, on his own behalf and on behalf of all

520 N.E.2d 919, 165 Ill. App. 3d 1048, 117 Ill. Dec. 568 1988.IL.85

Appeal from the Circuit Court of Cook County; the Hon. Albert Green, Judge, presiding.

APPELLATE Judges:

JUSTICE McNAMARA delivered the opinion of the court. WHITE, P.J., and FREEMAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA

Plaintiff Thomas Evans appeals from an order of the trial court granting summary judgment in favor of defendant, International Village Apartments, on plaintiff's class action suit alleging a violation of the statute governing security deposits on residential leases. On appeal, plaintiff maintains that the trial court erred in granting summary judgment based on a finding that defendant complied with the applicable statute.

In November 1978, plaintiff entered into a residential lease with defendant for an apartment in Schaumburg, Illinois. Pursuant to the lease, plaintiff paid a $315 security deposit for the full and prompt performance of all of his obligations thereunder. Paragraph 18 of the lease provided that upon termination of the lease, plaintiff would surrender possession of the premises in good, clean, tenantable order and condition.

On November 30, 1979, plaintiff's lease terminated and he vacated the apartment. On December 14, 1979, defendant returned plaintiff's security deposit plus interest, with $40 deducted for cleaning the stove and refrigerator. Defendant sent plaintiff a check for the security deposit with an attached copy of defendant's check-out procedure form. This form detailed an inspection of the apartment and itemized the cleaning charges, $15 for cleaning the refrigerator and $25 for cleaning the stove.

Plaintiff filed this class action suit alleging that defendant violated section 1 of "An Act in relation to security deposits . . ." (Ill. Rev. Stat. 1979, ch. 80, par. 101), by not providing plaintiff with an itemized statement of and paid receipts for the cleaning charges made against his security deposit. In an earlier appeal, in a Rule 23 order (107 Ill. 2d R. 23), this court reversed an order of the trial court granting defendant's motion to dismiss. On remand, the trial court granted defendant's motion for summary judgment on the basis that defendant had complied with the applicable statute.

"A lessor of residential real property, containing 10 or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises."

On appeal, plaintiff contends that defendant did not comply with the minimum requirements of the statute. Plaintiff maintains defendant was required to provide him with both an itemized statement and paid receipts for the work performed in his apartment.

The record here shows that defendant sent plaintiff a check for the security deposit with a copy of defendant's check-out procedure form attached. This form indicated a $15 deduction from the security deposit for cleaning the refrigerator and a $25 deduction for cleaning the stove. The record also discloses that the required cleaning of plaintiff's apartment was done by maintenance help within defendant's network and that no paid receipts exist for such work. Thus, the duty of this court is to determine the intended application of this statute to a situation where the landlord has performed the required repair and no paid receipts exist.

In giving effect to the intention of the legislature, provisions of a statute should be read in light of the statute as a whole and in conformity with its dominating general purpose. (Balmes v. Hiab-Foco, A.B. (1982), 105 Ill. App. 3d 572, 434 N.E.2d 482.) The purpose of the statute in the present case is to correct abuses by landlords who withhold security deposits of former tenants without any basis. (Cross v. Mayer (1979), 73 Ill. App. 3d 726, 392 N.E.2d 797.) In a session discussing passage of this bill, a legislator sponsoring the bill stated it was acceptable if the landlord does the work as long as the tenant is provided with an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.