093_SB0375

 
                                     LRB093 02122 DRJ 02129 b

 1        AN ACT in relation to property.

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

 4        Section  5.  The  Landlord  and  Tenant Act is amended by
 5    adding Section 10 as follows:

 6        (765 ILCS 705/10 new)
 7        Sec. 10.  Residential real property; locks and keys.
 8        (a)  A lease of a mobile home as defined  in  the  Mobile
 9    Home Landlord and Tenant Rights Act is a lease of residential
10    real property for purposes of this Section.
11        (b)  Whenever  a person leases residential real property,
12    the lessor must install  a  new  lock  on  every  entry  door
13    providing  access  to  the  leased premises and must give the
14    lessee a key or keys that will operate each  such  lock.  The
15    lessor  must  install  each such lock and give the lessee the
16    key or keys no later than the  time  that  the  lessee  takes
17    possession  of  the  premises.  The lessor must ensure that a
18    lock installed under this Section cannot be operated by a key
19    given by the lessor to any other lessee of property from  the
20    lessor.
21        (c)  A  lessor  who  fails to install a lock or provide a
22    key as required  under  subsection  (b)  commits  a  business
23    offense punishable by a fine of not less than $2,000.
24        (d)  Upon  the termination of a lease of residential real
25    property,  or  when  a  lessee   otherwise   vacates   leased
26    residential  real  property,  the  lessee  must return to the
27    lessor every key that  operates  a  lock  on  an  entry  door
28    providing  access to the leased premises. Notwithstanding any
29    provision in the Security Deposit Return Act  or  the  Mobile
30    Home  Landlord  and  Tenant  Rights  Act to the contrary, the
31    lessor may withhold the entire amount of a lessee's  security
 
                            -2-      LRB093 02122 DRJ 02129 b
 1    deposit  until  the lessee complies with this subsection. The
 2    lessor is not liable to the lessee for any  interest  on  any
 3    portion  of the lessee's security deposit withheld under this
 4    subsection.

 5        Section 10.  The Security Deposit Return Act  is  amended
 6    by changing Section 1 and adding Section 1.5 as follows:

 7        (765 ILCS 710/1) (from Ch. 80, par. 101)
 8        Sec.  1.  Except  as provided in Section 1.5, a lessor of
 9    residential real property, containing 5 or  more  units,  who
10    has  received  a security deposit from a lessee to secure the
11    payment of rent or to compensate for  damage  to  the  leased
12    property  may  not  withhold  any  part  of  that  deposit as
13    compensation for property damage unless  he  has,  within  30
14    days  of  the  date  that  the  lessee  vacated the premises,
15    furnished to the lessee,  delivered  in  person  or  by  mail
16    directed  to his last known address, an itemized statement of
17    the damage allegedly caused to the premises and the estimated
18    or actual cost for repairing or replacing each item  on  that
19    statement,  attaching  the  paid receipts, or copies thereof,
20    for the repair or replacement. If the lessor utilizes his  or
21    her  own labor to repair any damage caused by the lessee, the
22    lessor may include the reasonable cost of his or her labor to
23    repair such damage. If estimated cost is  given,  the  lessor
24    shall  furnish  the  lessee  with  paid  receipts,  or copies
25    thereof, within 30 days from the date the  statement  showing
26    estimated  cost  was  furnished to the lessee, as required by
27    this Section. If no such statement and  receipts,  or  copies
28    thereof,  are  furnished  to  the  lessee as required by this
29    Section, the lessor shall return the security deposit in full
30    within 45 days of  the  date  that  the  lessee  vacated  the
31    premises.
32        Upon  a  finding  by  a  circuit  court that a lessor has
 
                            -3-      LRB093 02122 DRJ 02129 b
 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.)

 9        (765 ILCS 710/1.5 new)
10        Sec. 1.5.  Lessee's failure to return key.
11        (a)  Notwithstanding any other provision of this  Act,  a
12    lessor  or lessor's transferee may withhold the entire amount
13    of a lessee's security deposit for the  lessee's  failure  to
14    return  a  key  as provided in Section 10 of the Landlord and
15    Tenant Act. If a lessor or lessor's  transferee  withholds  a
16    security  deposit  under  this  Section,  then within 30 days
17    after  the  lessee  vacates  the  premises,  the  lessor   or
18    transferee  must  give  the  lessee  written  notice that the
19    lessor or transferee is withholding the security deposit  for
20    the  lessee's  failure  to  return  a key or keys as required
21    under Section 10 of the Landlord and Tenant Act.  The  lessor
22    or  transferee may give the notice by personal delivery or by
23    mail directed to the lessee's last known address.
24        (b)  Notwithstanding any other provision of this  Act,  a
25    lessor  or  lessor's transferee is not liable to a lessee for
26    any interest on any portion of the lessee's security  deposit
27    if  the  lessee  fails  to  return  a  key  or keys to leased
28    residential real property as required under Section 10 of the
29    Landlord and Tenant Act.

30        Section 15.  The Mobile Home Landlord and  Tenant  Rights
31    Act  is  amended  by  changing  Sections  1 and 18 and adding
32    Section 18.5 as follows:
 
                            -4-      LRB093 02122 DRJ 02129 b
 1        (765 ILCS 745/1) (from Ch. 80, par. 201)
 2        Sec. 1.  Applicability.
 3        (a)  This Act shall regulate and determine legal  rights,
 4    remedies  and  obligations  of  the parties to any lease of a
 5    mobile home  or  mobile  home  lot  in  a  mobile  home  park
 6    containing  five or more mobile homes within this State.  Any
 7    lease, written or oral, shall be unenforceable insofar as any
 8    provision thereof conflicts with any provision of this Act.
 9        (b)  This Act is subject to Section 10  of  the  Landlord
10    and  Tenant Act, and the lease of a mobile home constitutes a
11    lease of residential  real  property  for  purposes  of  that
12    Section.
13    (Source: P.A. 81-637.)

14        (765 ILCS 745/18) (from Ch. 80, par. 218)
15        Sec. 18.  Security deposit; Interest.
16        (a)  If  the  lease  requires  the  tenant to provide any
17    deposit with the park owner for the term of the lease, or any
18    part thereof, said deposit shall  be  considered  a  Security
19    Deposit.   Except  as  provided  in  Section  18.5,  security
20    deposits shall be returned in full to  the  tenant,  provided
21    that the tenant has paid all rent due in full for the term of
22    the lease and has caused no actual damage to the premises.
23        The  park  owner shall furnish the tenant, within 15 days
24    after termination or expiration of  the  lease,  an  itemized
25    list  of  the  damages  incurred  upon  the  premises and the
26    estimated cost for the repair  of  each  item.  The  tenant's
27    failure  to  object to the itemized list within 15 days shall
28    constitute an agreement upon the amount of damages  specified
29    therein.   The  park owner's failure to furnish such itemized
30    list of damages shall constitute an agreement that no damages
31    have been incurred  upon the premises and the entire security
32    deposit shall become immediately due and owing to the tenant.
33        The  tenant's  failure  to  furnish  the  park  owner   a
 
                            -5-      LRB093 02122 DRJ 02129 b
 1    forwarding   address   shall   excuse  the  park  owner  from
 2    furnishing the list required by this Section.
 3        (b)  A park owner of any park regularly containing 25  or
 4    more  mobile  homes  shall pay interest to the tenant, on any
 5    deposit held by the park owner, computed from the date of the
 6    deposit  at a rate equal to the interest paid by the  largest
 7    commercial bank, as measured by total assets, having its main
 8    banking  premises  in  this State on minimum deposit passbook
 9    savings accounts as of December 31 of the preceding  year  on
10    any  such  deposit  held  by  the  park owner for more than 6
11    months. However, in the event that any portion of the  amount
12    deposited  is  utilized  during  the  period  for which it is
13    deposited in order to compensate the owner for non-payment of
14    rent or to make a good faith reimbursement to the  owner  for
15    damage  caused  by  the  tenant,  the  principal on which the
16    interest accrues may be recomputed to reflect  the  reduction
17    for  the  period  commencing on the first day of the calendar
18    month following  the  reduction.  Notwithstanding  any  other
19    provision  of  this  Section, a park owner is not liable to a
20    tenant for any  interest  on  any  portion  of  the  tenant's
21    security  deposit if the tenant fails to return a key or keys
22    to a mobile home as required under Section 10 of the Landlord
23    and Tenant Act.
24        The park owner shall, within 30 days  after  the  end  of
25    each  12-month  period,  pay  to the tenant any interest owed
26    under this Section  in  cash,  provided,  however,  that  the
27    amount  owed  may  be  applied  to  rent due if the owner and
28    tenant agree thereto.
29        A park owner who willfully fails or refuses  to  pay  the
30    interest  required  by  this  Act  shall, upon a finding by a
31    circuit court that he willfully failed or refused to pay,  be
32    liable  for  an  amount  equal  to the amount of the security
33    deposit,  together  with  court  costs   and   a   reasonable
34    attorney's fee.
 
                            -6-      LRB093 02122 DRJ 02129 b
 1    (Source: P.A. 88-643, eff. 1-1-95.)

 2        (765 ILCS 745/18.5 new)
 3        Sec.    18.5.  Tenant's    failure    to    return   key.
 4    Notwithstanding any other provision of this Act, a park owner
 5    may withhold the entire amount of a tenant's security deposit
 6    for the tenant's failure to  return  a  key  as  provided  in
 7    Section  10  of  the Landlord and Tenant Act. If a park owner
 8    withholds a security deposit under this Section, then  within
 9    15 days after the tenant vacates the premises, the park owner
10    must  give  the  tenant written notice that the park owner is
11    withholding the security deposit for the tenant's failure  to
12    return  a  key  or  keys  as required under Section 10 of the
13    Landlord and Tenant Act. The park owner may give  the  notice
14    by personal delivery or by mail directed to the tenant's last
15    known address.

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.