Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
765 ILCS 710/0.01
(765 ILCS 710/0.01)
(from Ch. 80, par. 100)
This Act may be cited as the
Security Deposit Return Act.
(Source: P.A. 86-1324
765 ILCS 710/1
(765 ILCS 710/1)
(from Ch. 80, par. 101)
Statement of damage.
(a) Except as provided in subsection (b), a lessor of residential real property, containing 5 or more units,
who has received a security deposit from a lessee to secure the payment
of rent or to compensate for damage to the leased premises may not
withhold any part of that deposit as reimbursement for property damage
unless the lessor has, within 30 days of the date that the lessee vacated the
leased premises, furnished to the lessee, by personal delivery, by postmarked mail
directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage
allegedly caused to the leased premises and the estimated or actual cost for
repairing or replacing each item on that statement, attaching the paid
receipts, or copies thereof, for the repair or replacement.
If the lessor utilizes his or her own labor to repair or replace any damage or damaged items caused
by the lessee, the lessor may include the reasonable cost of his or her
labor to repair or replace such damage or damaged items. If estimated
cost is given, the lessor shall furnish to the lessee, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee, paid receipts,
or copies thereof, within 30 days from the date the statement showing
estimated cost was furnished to the lessee, as required by this Section. If a written lease specifies the cost for cleaning, repair, or replacement of any component of the leased premises or any component of the building or common areas that, if damaged, will not be replaced, the lessor may withhold the dollar amount specified in the lease. Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began. The itemized statement shall reference the dollar amount specified in the written lease associated with the specific building component or amenity and include a copy of the applicable portion of the lease. Deductions for costs or values not specified in the lease shall otherwise comply with the requirements of this Section.
If no such statement and receipts, or copies thereof, are furnished to
the lessee as required by this Section, the lessor shall return the
security deposit in full within 45 days of the date that the lessee vacated
the premises, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee. If the lessee fails to provide the lessor with a mailing address or electronic mail address, the lessor shall not be held liable for any damages or penalties as a result of the lessee's failure to provide an address.
(b) If, through no fault of the lessor, the lessor is unable to produce as required in subsection (a) receipts for repairs or replacements, or copies thereof, then the lessor shall produce an itemized list of the cost of repair or replacement, any other evidence the lessor has of the cost, and a verified statement of the lessor or the agent of the lessor detailing the specific reasons why the lessor is unable to produce the required receipts or copies and verifying that the lessor has provided all other evidence the lessor has of the cost.
(c) Upon a finding by a circuit court that a lessor has refused to supply
the itemized statement required by this Section, or has supplied such statement
in bad faith, and has failed or refused to return the amount of the security
deposit due within the time limits provided, the lessor shall be liable
for an amount equal to twice the amount of the security deposit due, together
with court costs and reasonable attorney's fees.
(Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)
765 ILCS 710/1.1
(765 ILCS 710/1.1)
(from Ch. 80, par. 101.1)
In the event of a sale, lease, transfer or other direct or indirect
disposition of residential real property, other than to the holder
of a lien interest in such property, by a lessor who has received a security
deposit or prepaid rent from a lessee, the transferee of such property shall
be liable to that lessee for any security deposit, including statutory interest,
or prepaid rent which the lessee has paid to the transferor. Transferor
shall remain jointly and severally liable with the transferee to the lessee
for such security deposit or prepaid rent.
(Source: P.A. 81-1525.)
765 ILCS 710/1.2
(765 ILCS 710/1.2)
Security deposit transfer.
Notwithstanding Section 1.1, when a lessor transfers actual possession of a security deposit received from a lessee, including any statutory interest that has not been paid to a lessee, to a holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser of a foreclosed property under Article XV of the Code of Civil Procedure, the holder or purchaser shall be liable to a lessee for the transferred security deposit, including any statutory interest that has not been paid to the lessee, as provided in this Act. Within 21 days after the transfer of the security deposits and receipt of the name and address of any lessee who paid a deposit, the holder or purchaser shall post a written notice on the primary entrance of each dwelling unit at the property with respect to which the holder or purchaser has acquired actual possession of a security deposit. The written notice shall state that the holder or purchaser has acquired the security deposit paid by the lessee in connection with the lessee's rental of that dwelling unit.
(Source: P.A. 97-575, eff. 8-26-11; 98-756, eff. 7-16-14.)
765 ILCS 710/2
(765 ILCS 710/2)
(from Ch. 80, par. 102)
This Act takes effect January 1, 1974 and applies to leases executed on
or after that date.
(Source: P.A. 78-588.)