Applegate v. Inland Real Estate Corp.

1 Citing case

  1. Ford v. Seagrou, LLC

    2018 Ill. App. 2d 170489 (Ill. App. Ct. 2018)

    " Id. ΒΆ 55 Seagrou argues that the Act does not apply if the landlord withholds the security deposit for reasons other than as compensation for property damage, as it did in this case. In Applegate v. Inland Real Estate Corporation, 109 Ill. App. 3d 986, 991 n.1 (1982), this court held that the Act was "limited to situations where the lease term has expired and the lessor could only claim property damages as a reason to withhold part or all of the security deposit." A landlord has the burden to come forward with some evidence that there is a good faith dispute for reasons other than a claim of property damage in order to avoid a presumption that the deposit was withheld because of a claim of damages.