Madison - St. Clair Record

Thursday, February 27, 2020

O'Fallon apartment complex considers appealing Lopinot's motion to dismiss denial; Suit seeks interest on renters' security deposits dating back to '02

By Heather Isringhausen Gvillo | Aug 28, 2013

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St. Clair County Circuit Judge Vincent Lopinot has set a status conference in a class action suit that alleges an O'Fallon apartment complex failed to pay interest on security deposits to renters.

The status conference is set at 9 a.m. on Sept. 16.

Plaintiff Kyle Oller filed a class action lawsuit individually and on behalf of a group of others on Aug. 24, 2012, against Concord Management Ltd. The class action lawsuit purports to include all of the defendant's tenants since 2002 who paid a deposit and were not paid interest.

The two count complaint lists alleged violations of the Security Deposit Interest Act and breach of contract.

According to the complaint, Oller signed a year-to-year lease for an apartment managed by Concord. In 2007, Oller claims he rented a two bedroom unit at the Fairfield Place Apartment Complex, which required a security deposit.

Oller argues that Illinois’ Security Deposit Interest Act mandates that any company collecting security deposits on a complex containing 25 or more units and holds that deposit for more than six months must pay interest to the tenant on that deposit.

According to the complaint, Concord allegedly kept Oller’s deposit for longer than six months but failed to pay interest on that deposit.

The defendant filed a motion to dismiss the case on Oct. 5, 2012, arguing that the statute of limitations holds that plaintiffs have two years to file a statutory of penalty for the Security Deposit Act. Lopinot denied the motion for dismissal on March 13.

The defendant followed the denial with a motion to reconsider on April 15. That motion states that the court never stated whether the statute applied. The defense continues to assert that a two year statute of limitations supports its reasoning for dismissal. The defendants either wanted the case dismissed or asked the court to tell them what statute applies.

On April 15, Concord stated in its motion to reconsider that if the case is not dismissed, it would like to petition for leave to appeal to the Fifth District Appellate Court.

The proposed class is represented by David I. Cates of Swansea.

Concord Management Ltd. is represented by Robert Sprague of Belleville.

St. Clair County Circuit Court case number 12-L-442

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