101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5600

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 710/1  from Ch. 80, par. 101

    Amends the Security Deposit Return Act. Provides that a lessor shall return a security deposit, in full or in part, within 14 days (rather than 45) of the date that the lessee vacated the leased premises. Provides that for the lessor to withhold any part of the security deposit, the lessor has 14 (rather than 30) days to provide the lessee with a statement of damage. Provides that if only part of the security deposit is withheld, the lessor shall return the part not withheld at the time the lessor furnishes the statement of damage.


LRB101 18463 LNS 70416 b

 

 

A BILL FOR

 

HB5600LRB101 18463 LNS 70416 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 payment
11of rent or to compensate for damage to the leased premises may
12not withhold any part of that deposit as reimbursement for
13property damage unless the lessor has, within 14 30 days of the
14date that the lessee vacated the leased premises, furnished to
15the lessee, by personal delivery, by postmarked mail directed
16to his or her last known address, or by electronic mail to a
17verified electronic mail address provided by the lessee, an
18itemized statement of the damage allegedly caused to the leased
19premises and the estimated or actual cost for repairing or
20replacing each item on that statement, attaching the paid
21receipts, or copies thereof, for the repair or replacement. If
22the lessor utilizes his or her own labor to repair or replace
23any damage or damaged items caused by the lessee, the lessor

 

 

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

 

 

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1deposit in full within 14 45 days of the date that the lessee
2vacated the premises, delivered in person or by postmarked mail
3directed to the last known address of the lessee or another
4address provided by the lessee. If the lessee fails to provide
5the lessor with a mailing address or electronic mail address,
6the lessor shall not be held liable for any damages or
7penalties as a result of the lessee's failure to provide an
8address.
9    (b) If, through no fault of the lessor, the lessor is
10unable to produce as required in subsection (a) receipts for
11repairs or replacements, or copies thereof, then the lessor
12shall produce an itemized list of the cost of repair or
13replacement, any other evidence the lessor has of the cost, and
14a verified statement of the lessor or the agent of the lessor
15detailing the specific reasons why the lessor is unable to
16produce the required receipts or copies and verifying that the
17lessor has provided all other evidence the lessor has of the
18cost.
19    (c) Upon a finding by a circuit court that a lessor has
20refused to supply the itemized statement required by this
21Section, or has supplied such statement in bad faith, and has
22failed or refused to return the amount of the security deposit
23due within the time limits provided, the lessor shall be liable
24for an amount equal to twice the amount of the security deposit
25due, together with court costs and reasonable attorney's fees.
26(Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)