Docket No. 105568.
THE STATE OF ILLINOIS
KEN LANDIS et al., Appellants, v. MARC REALTY, L.L.C., et al.,
Opinion filed May 21, 2009.
JUSTICE BURKE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman
concurred in the judgment and opinion.
Justice Kilbride dissented, with opinion, joined by Justice
Justice Kilbride also dissented upon denial of rehearing, with
opinion, joined by Justice Karmeier.
More than four years after they vacated their apartment, plaintiffs
Ken and Ana Landis filed suit against defendants Marc Realty,
L.L.C., and Elliott Weiner, for the damages provided for in
subsection (f) of section 5–12–080 of the Chicago Residential
Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code
§5–12–080(f) (amended May 14, 1997)), based on the defendants’
failure to return their security deposit and interest accruing therefrom.
The circuit court of Cook County dismissed plaintiffs’ complaint as