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Public Act 100-0269


 

Public Act 0269 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0269
 
HB3001 EnrolledLRB100 09851 HEP 20021 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Security Deposit Return Act is amended by
changing Section 1 as follows:
 
    (765 ILCS 710/1)  (from Ch. 80, par. 101)
    Sec. 1. Statement of damage.
    (a) Except as provided in subsection (b), a 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
property may not withhold any part of that deposit as
reimbursement compensation for property damage unless the
lessor he has, within 30 days of the date that the lessee
vacated the leased premises, furnished to the lessee, by
personal delivery delivered in person, 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, the lessee with 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. 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. 97-999, eff. 1-1-13.)

Effective Date: 1/1/2018