SB2333 99TH GENERAL ASSEMBLY

LRB099 19011 HEP 43400 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2333

Introduced 1/28/2016, by Sen. Dave Syverson

SYNOPSIS AS INTRODUCED:

765 ILCS 710/1

from Ch. 80, par. 101

Amends the Security Deposit Return Act. Provides that certain lessors may not withhold any part of the security deposit without providing, among other things, the paid receipts for the depreciated value of damage if the damage is beyond repair and not replaced. Defines "the date that the lessee vacated the premises" as the date on which the lessee's right to possess and occupy the premises expires, either under provisions of the lease or under other applicable law. Provides that the Section concerning the requirements a lessor must meet in order to withhold part of the security deposit does not apply to a tenancy at sufferance or if a lease has been terminated for cause by the lessor.

A BILL FOR

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. 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 property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person, by mail directed to his 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 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 or depreciated value of damage if the damage is beyond repair and not replaced. If the lessor utilizes his or her own labor to repair any damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair such damage. If estimated cost is given, the lessor shall furnish 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 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. For the purposes of this Section, "the date that the lessee vacated the premises" means the date on which the lessee's right to possess and occupy the premises expired, either under provisions of the lease or under other applicable law. This Section does not apply to a tenancy at sufferance or if a lease has been terminated for cause by the lessor.

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.)