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Full Text of HB5314  97th General Assembly

HB5314enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5314 EnrolledLRB097 16202 AJO 61355 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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. A lessor of residential real property, containing 5
8or more units, who has received a security deposit from a
9lessee to secure the payment of rent or to compensate for
10damage to the leased property may not withhold any part of that
11deposit as compensation for property damage unless he has,
12within 30 days of the date that the lessee vacated the
13premises, furnished to the lessee, delivered in person, or by
14mail directed to his last known address, or by electronic mail
15to a verified electronic mail address provided by the lessee,
16an itemized statement of the damage allegedly caused to the
17premises and the estimated or actual cost for repairing or
18replacing each item on that statement, attaching the paid
19receipts, or copies thereof, for the repair or replacement. If
20the lessor utilizes his or her own labor to repair any damage
21caused by the lessee, the lessor may include the reasonable
22cost of his or her labor to repair such damage. If estimated
23cost is given, the lessor shall furnish the lessee with paid

 

 

HB5314 Enrolled- 2 -LRB097 16202 AJO 61355 b

1receipts, or copies thereof, within 30 days from the date the
2statement showing estimated cost was furnished to the lessee,
3as required by this Section. If no such statement and receipts,
4or copies thereof, are furnished to the lessee as required by
5this Section, the lessor shall return the security deposit in
6full within 45 days of the date that the lessee vacated the
7premises.
8    Upon a finding by a circuit court that a lessor has refused
9to supply the itemized statement required by this Section, or
10has supplied such statement in bad faith, and has failed or
11refused to return the amount of the security deposit due within
12the time limits provided, the lessor shall be liable for an
13amount equal to twice the amount of the security deposit due,
14together with court costs and reasonable attorney's fees.
15(Source: P.A. 86-1302.)