Rep. Robert Rita

Filed: 3/13/2017

 

 


 

 


 
10000HB3001ham001LRB100 09851 HEP 23350 a

1
AMENDMENT TO HOUSE BILL 3001

2    AMENDMENT NO. ______. Amend House Bill 3001 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Security Deposit Return Act is amended by
5changing Section 1 as follows:
 
6    (765 ILCS 710/1)  (from Ch. 80, par. 101)
7    Sec. 1. Statement of damage.
8    (a) Except as provided in subsection (b), a A lessor of
9residential real property, containing 5 or more units, who has
10received a security deposit from a lessee to secure the payment
11of rent or to compensate for damage to the leased property may
12not withhold any part of that deposit as compensation for
13property damage unless he has, within 30 days of the date that
14the lessee vacated the premises, furnished to the lessee,
15delivered in person, by postmarked mail directed to his or her
16last known address, or by electronic mail to a verified

 

 

10000HB3001ham001- 2 -LRB100 09851 HEP 23350 a

1electronic mail address provided by the lessee, an itemized
2statement of the damage allegedly caused to the premises and
3the estimated or actual cost for repairing or replacing each
4item on that statement, attaching the paid receipts, or copies
5thereof, for the repair or replacement. If the lessor utilizes
6his or her own labor to repair any damage caused by the lessee,
7the lessor may include the reasonable cost of his or her labor
8to repair such damage. If estimated cost is given, the lessor
9shall furnish to the lessee, delivered in person or by
10postmarked mail directed to the last known address of the
11lessee or another address provided by the lessee, the lessee
12with paid receipts, or copies thereof, within 30 days from the
13date the statement showing estimated cost was furnished to the
14lessee, as required by this Section. If a written lease
15specifies the cost for cleaning, repair, or replacement of any
16building component or the value of any amenity that, if
17damaged, will not be replaced, the lessor may withhold the
18dollar amount specified in the lease. The itemized statement
19shall reference the dollar amount specified in the written
20lease associated with the specific building component or
21amenity and include a copy of the applicable portion of the
22lease. Deductions for costs or values not specified in the
23lease shall otherwise comply with the requirements of this
24Section. If no such statement and receipts, or copies thereof,
25are furnished to the lessee as required by this Section, the
26lessor shall return the security deposit in full within 45 days

 

 

10000HB3001ham001- 3 -LRB100 09851 HEP 23350 a

1of the date that the lessee vacated the premises, delivered in
2person or by postmarked mail directed to the last known address
3of the lessee or another address provided by the lessee. If the
4lessee fails to provide the lessor with a mailing address or
5electronic mail address, the lessor shall not be held liable
6for any damages or penalties as a result of the lessee's
7failure to provide an address.
8    (b) If a lessor is unable to produce as required in
9subsection (a) receipts for repairs or replacements, or copies
10thereof, then the lessor may produce an itemized list of the
11costs of repair or replacements, along with any other evidence
12the lessor has of that cost.
13    (c) Upon a finding by a circuit court that a lessor has
14refused to supply the itemized statement required by this
15Section, or has supplied such statement in bad faith, and has
16failed or refused to return the amount of the security deposit
17due within the time limits provided, the lessor shall be liable
18for an amount equal to twice the amount of the security deposit
19due, together with court costs and reasonable attorney's fees.
20(Source: P.A. 97-999, eff. 1-1-13.)".