Illinois General Assembly - Full Text of SB1741
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Full Text of SB1741  103rd General Assembly




SB1741 EnrolledLRB103 28587 LNS 54968 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. Statement of damage.
8    (a) Except as provided in subsection (b), a lessor of
9residential real property, containing 5 or more units, who has
10received a security deposit from a lessee to secure the
11payment of rent or to compensate for damage to the leased
12premises may not withhold any part of that deposit as
13reimbursement for property damage unless the lessor has,
14within 30 days of the date that the lessee vacated the leased
15premises or within 30 days of the date the lessee's right of
16possession ends, whichever is later, furnished to the lessee,
17by personal delivery, by postmarked mail directed to his or
18her last known address, or by electronic mail to a verified
19electronic mail address provided by the lessee, an itemized
20statement of the damage allegedly caused to the leased
21premises and the estimated or actual cost for repairing or
22replacing each item on that statement, attaching the paid
23receipts, or copies thereof, for the repair or replacement. If



SB1741 Enrolled- 2 -LRB103 28587 LNS 54968 b

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



SB1741 Enrolled- 3 -LRB103 28587 LNS 54968 b

1vacated the premises, delivered in person or by postmarked
2mail directed to the last known address of the lessee or
3another address provided by the lessee. If the lessee fails to
4provide the lessor with a mailing address or electronic mail
5address, the lessor shall not be held liable for any damages or
6penalties as a result of the lessee's failure to provide an
8    (b) If, through no fault of the lessor, the lessor is
9unable to produce as required in subsection (a) receipts for
10repairs or replacements, or copies thereof, then the lessor
11shall produce an itemized list of the cost of repair or
12replacement, any other evidence the lessor has of the cost,
13and a verified statement of the lessor or the agent of the
14lessor detailing the specific reasons why the lessor is unable
15to produce the required receipts or copies and verifying that
16the lessor has provided all other evidence the lessor has of
17the cost.
18    (c) Upon a finding by a circuit court that a lessor has
19refused to supply the itemized statement required by this
20Section, or has supplied such statement in bad faith, and has
21failed or refused to return the amount of the security deposit
22due within the time limits provided, the lessor shall be
23liable for an amount equal to twice the amount of the security
24deposit due, together with court costs and reasonable
25attorney's fees.
26(Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)