Wolff v. Bethany North Suburban Group

Illinois Appellate Court
Civil Court
Security Deposit Interest Act
Citation
Case Number: 
2021 IL App (1st) 191858
Decision Date: 
Friday, April 23, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
ODEN JOHNSON

Court properly granted summary judgment for Defendant, an independent living senior housing community for persons 55 and older. Plaintiff entered into a contract, “Residency and Services Agreement”, which provided for an initial deposit to be paid to reserve a residence in the community. Security Deposit Interest Act and Security Deposit Return Act do not apply to the entrance fee, as it was not a security deposit. Court properly granted summary judgment on individual claims of fraud under Consumer Fraud Act and breach of contract.  (MIKVA and HARRIS, concurring.)