As of February 14, 2006, Mills Properties, Inc. has not contacted my daughter about her refund. They are still visiting this website.
Mills Properties, Inc., please be advised reporting false information to the credit bureau is illegal. Please assure you have calculated appropriately and are in compliance with the Illinois Compiled Statutes, that is, 735 ILCS 710/ and 30-rule.
November 25, 2005
Mr. Brad Weintrop, Collection Manager
Mills Properties, Inc.
120 S. Central Ave.
Clayton, Mo. 63105
Re: Randi Nance Account #T0002225-QUADRANGLE
Mr. Weintrop:
I, Fred L Nance Jr., am writing in behalf of my daughter, Randi Nance. It appears the balance of $325.00/$475.00 is inappropriate and may be illegal. My daughter shared an apartment with Victoria Young. Therefore, the expenses you calculated are inaccurate.
Your company has charged “each/both” tenants with full bathroom clean-up of $50.00; full kitchen clean-up of $125.00; carpet clean $95.00; painting $50.00; and floor clean-up of $15.00. This is a total of $315.00. This means your company charged Randi Nance and Victoria Young $630.00 for the procedure outlined above, taking their security deposits; threatening legal action. Your company did not contact the residents in this cause within the 30-day limit for the charges you imply taking their security deposit, with additional cost to the residents. This is illegal and absurd. The first contact/letter sent to the residents is post marked 11/14/2005.
The following are Landlord Tenant Laws for Illinois, which are actionable in this matter:
Lease provisions that permit penalties may be unenforceable. Examples may be late charges unrelated to the landlord’s actual cost of seeking the rent due. Builder’s Concrete Co. v. Fred Fauber and Sons, 58 Ill. App.3d 100, 373 N.E.2d 863, 15 Ill.Dec. 517 (3d Dist. 1978).
Security Deposit Return Act, 765 ILCS 710 / 0.01
If residential real property contains five or more units, a lessor who has received a security deposit from a tenant must provide the tenant with a written statement of any damage to the property before deducting repair costs from the security deposit. The lessor may not withhold any part of the deposit as compensation for property damage unless the lessor has, within 30 days of the date the tenant vacates, sent the tenant a written itemized statement of the damages allegedly caused by the tenant to the premises and the actual or estimated cost of repair of the damages, with any paid receipts, or copies, attached. The lessor may include a reasonable cost for his own labor, if completing the repairs himself. If only an estimate is given, the lessor must give the tenant paid receipts showing the actual cost within 30 days from the date of the itemized statement. If the lessor does not furnish the tenant with the statement and receipts, the lessor must, within 45 days, return the security deposit to the tenant.
The Security Deposit Return Act does not require a lessor to send any statement to the tenant if the lessor withheld the security deposit because of unpaid rent and not because of property damage.
Tenant Remedy: The tenant may file an action in circuit court if the lessor violates the Security Deposit Return Act. If the court finds that the lessor has refused to provide the statement as required or has provided a statement in bad faith and has failed to return the deposit timely, the lessor is liable for twice the security deposit, court costs, and reasonable attorney's fees.
Mills Properties, Inc. did not submit an itemized statement in accordance to this Act to the tenants, that is, Randi Nance and Victoria Young, in this matter.
The Security Deposit Interest Act, 765 ILCS 715
The Act applies to buildings or complexes with 25 or more residential units. The lessor must have held the security deposit for more than six months.
The lessor must pay interest on security deposits computed from the date of the lessee’s deposit with the lessor.
Interest must be paid at a rate equal to the minimum passbook savings account interest rate paid by the largest Illinois commercial bank as of December 31 of the year prior to the beginning of the lease.
Tenant Remedies: Lessor must make the interest payment by cash or by credit against rent due within 30 days of the end of each 12 month rental period, unless the tenant is in default under the lease.
A tenant may bring an action against a lessor who violates the Act. A lessor who willfully fails or refuses to pay the interest due is liable for the entire security deposit, together with court costs and reasonable attorney's fees.
Wherefore, Randi Nance and Victoria Young request full payment of their security deposit, interest, and other costs, Instanter. This writing will be published and posted at: http://clickforjusticeandequality.blogspot.com/.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS Randi Nance
Advocate
cc: Victoria Young
http://clickforjusticeandequality.blogspot.com/
