Landlord claims Scooter is “tenant”
Oct 19th, 2005 | by Neil Barton | Posted in scooters, urban | Comments Off
Q. After I moved from an apartment in a two-flat on the North Side, the owners returned less than half of my security deposit. They said they needed to make repairs of damages, but they did not give me any receipts.
So I sent a certified letter requested the remainder of the security deposit. Their attorney contacted me stating that it is an “owner-occupied building with less than six units,” so security deposit rules cannot apply. What does that mean?
They did not actually reside in the building while I was living there. But they did store their motor scooter in the garage.
What are my rights?
A. An owner is a person who has legal title to the property. An owner-occupant is one who occupies a unit on the property. Under the Chicago Residential Landlord and Tenant Ordinance, courts usually interpret “owner-occupancy” to exist when the owner occupies a “dwelling unit.”
“Dwelling unit” means a structure or the part of a structure that is used as a residence.
Since the definition of owner-occupied is tied to residence, a garage is not a home. The motor scooter is not a “tenant.”
It is also reasonable to assume that only for those times when the tenant’s and the owner’s occupancies overlapped would the units be exempt from the law.
You categorically claim that the owners never resided in the premises while you lived there. If that assertion is proved in court, the couple cannot meet the test as occupants.
If there are only two units and for trial you could produce the other tenant and your owner’s true address, the owners would be confounded by your proofs.
By qualifying them as covered under the CRLTO, you could be in line for the statutory penalties equal to double the security deposit, plus lawyers’ fees, provided a judge was so inclined.
