HB3001ham003 100TH GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 4/26/2017

10000HB3001ham003 LRB100 09851 JLS 25658 a

AMENDMENT TO HOUSE BILL 3001

AMENDMENT NO. ______. Amend House Bill 3001, AS AMENDED, by replacing everything after the enacting clause with the following:

"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 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 property may not withhold any part of that deposit as reimbursement compensation for property damage unless the lessor he has, within 30 days of the date that the lessee vacated the leased premises, furnished to the lessee, at the lessor's option, by personal delivery delivered in person, by postmarked mail directed to the leased premises or a forwarding 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 leased premises. The itemized statement may include and the estimated or actual cost for repairing or replacing each item on the itemized that statement. The lessor may include, with the itemized statement, attaching the paid receipts, or copies thereof, for the repair or replacement of the items on the itemized statement. If the lessor utilizes his or her own labor to repair or replace any damaged items on the itemized statement damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair or replace any such damaged items damage. If estimated cost is given, the lessor shall furnish to the lessee, at the lessor's option, either by personal delivery or by postmarked mail directed to the leased premises or to a forwarding address provided by the lessee, 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 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 of any of the common areas of which the leased premises are a part, if damaged by the lessee, the lessor may withhold from the lessee's security deposit the dollar amount specified in the lease for each damaged item. The itemized statement shall reference the dollar amount specified in the written lease associated with the specific component of the leased premises or the building component 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, at the discretion of the trier of fact 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. Though any information the lessor is required to provide the lessee may be mailed, at the lessor's option, to the leased premises, 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 include with the itemized statement required in subsection (a), any other evidence the lessor has of the costs of repairs or replacements in the itemized statement, 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 costs of repairs or replacements in the itemized statement.

(c) Upon a finding by a circuit court that a lessor has willfully refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has therefore 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. Absent a finding as required by this subsection (c), the lessee is entitled to recover only the full amount of his or her security deposit. This Section applies to all violations of this Section of which the lessee knew or should reasonably have known. This Act is intended to be a statutory penalty.

(Source: P.A. 97-999, eff. 1-1-13.)".