Public Act 103-0224
 
SB1741 EnrolledLRB103 28587 LNS 54968 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 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 may not
withhold any part of that deposit as 
reimbursement for property damage
unless the lessor has, 
within 30 days of the date that the lessee vacated the
leased 
premises or within 30 days of the date the lessee's right of 
possession ends, whichever is later, furnished to the lessee, 
by personal delivery, 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, 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. Costs specified in a written lease shall be for 
damage beyond normal wear and tear and reasonable to restore 
the leased premises to the same condition as at the time the 
lease began. 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. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)