State of Illinois
91st General Assembly
Legislation

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91_HB3789

 
                                               LRB9112427DJtm

 1        AN ACT in relation to real property.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Security Deposit Return Act is amended by
 5    changing Section 1 as follows:

 6        (765 ILCS 710/1) (from Ch. 80, par. 101)
 7        Sec.   1.    Withholding   security   deposit;   lessor's
 8    liability. A lessor of residential real property,  containing
 9    5  or  more units, who has received a security deposit from a
10    lessee to secure the payment of rent  or  to  compensate  for
11    damage  to  the  leased property may not withhold any part of
12    that deposit as compensation for property  damage  unless  he
13    has,  within  30 days of the date that the lessee vacated the
14    premises, furnished to the lessee, delivered in person or  by
15    mail   directed  to  his  last  known  address,  an  itemized
16    statement of the damage allegedly caused to the premises  and
17    the  estimated or actual cost for repairing or replacing each
18    item on that  statement,  attaching  the  paid  receipts,  or
19    copies  thereof, for the repair or replacement. If the lessor
20    utilizes his or her own labor to repair any damage caused  by
21    the lessee, the lessor may include the reasonable cost of his
22    or  her  labor  to  repair  such damage. If estimated cost is
23    given,  the  lessor  shall  furnish  the  lessee  with   paid
24    receipts, or copies thereof, within 30 days from the date the
25    statement showing estimated cost was furnished to the lessee,
26    as  required  by  this  Section.  If  no  such  statement and
27    receipts, or copies thereof, are furnished to the  lessee  as
28    required  by  this  Section,  the  lessor  shall  return  the
29    security  deposit in full within 45 days of the date that the
30    lessee vacated the premises.
31        Upon a finding by a  circuit  court  that  a  lessor  has
 
                            -2-                LRB9112427DJtm
 1    refused  to  supply  the  itemized statement required by this
 2    Section, or has supplied such statement in bad faith, and has
 3    failed or refused  to  return  the  amount  of  the  security
 4    deposit due within the time limits provided, the lessor shall
 5    be  liable  for  an  amount  equal to twice the amount of the
 6    security  deposit  due,  together  with   court   costs   and
 7    reasonable attorney's fees.
 8    (Source: P.A. 86-1302.)

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