Rep. Robert Rita
Filed: 4/27/2017
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 3001
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 3001 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Security Deposit Return Act is amended by | ||||||
| 5 | changing 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 A lessor of | ||||||
| 9 | residential real property, containing 5 or more units,
who has | ||||||
| 10 | received a security deposit from a lessee to secure the payment
| ||||||
| 11 | of rent or to compensate for damage to the leased premises | ||||||
| 12 | property may not
withhold any part of that deposit as | ||||||
| 13 | reimbursement compensation for property damage
unless the | ||||||
| 14 | lessor he has, within 30 days of the date that the lessee | ||||||
| 15 | vacated the
leased premises, furnished to the lessee, by | ||||||
| 16 | personal delivery delivered in person, by postmarked mail
| ||||||
| |||||||
| |||||||
| 1 | directed to his or her last known address, or by electronic | ||||||
| 2 | mail to a verified electronic mail address provided by the | ||||||
| 3 | lessee, an itemized statement of the damage
allegedly caused to | ||||||
| 4 | the leased premises and the estimated or actual cost for
| ||||||
| 5 | repairing or replacing each item on that statement, attaching | ||||||
| 6 | the paid
receipts, or copies thereof, for the repair or | ||||||
| 7 | replacement.
If the lessor utilizes his or her own labor to | ||||||
| 8 | repair or replace any damage or damaged items caused
by the | ||||||
| 9 | lessee, the lessor may include the reasonable cost of his or | ||||||
| 10 | her
labor to repair or replace such damage or damaged items. If | ||||||
| 11 | estimated
cost is given, the lessor shall furnish to the | ||||||
| 12 | lessee, delivered in person or by postmarked mail directed to | ||||||
| 13 | the last known address of the lessee or another address | ||||||
| 14 | provided by the lessee, the lessee with paid receipts,
or | ||||||
| 15 | copies thereof, within 30 days from the date the statement | ||||||
| 16 | showing
estimated cost was furnished to the lessee, as required | ||||||
| 17 | by this Section. If a written lease specifies the cost for | ||||||
| 18 | cleaning, repair, or replacement of any component of the leased | ||||||
| 19 | premises or any component of the building or common areas that, | ||||||
| 20 | if damaged, will not be replaced, the lessor may withhold the | ||||||
| 21 | dollar amount specified in the lease. The itemized statement | ||||||
| 22 | shall reference the dollar amount specified in the written | ||||||
| 23 | lease associated with the specific building component or | ||||||
| 24 | amenity and include a copy of the applicable portion of the | ||||||
| 25 | lease. Deductions for costs or values not specified in the | ||||||
| 26 | lease shall otherwise comply with the requirements of this | ||||||
| |||||||
| |||||||
| 1 | Section.
If no such statement and receipts, or copies thereof, | ||||||
| 2 | are furnished to
the lessee as required by this Section, the | ||||||
| 3 | lessor shall return the
security deposit in full within 45 days | ||||||
| 4 | of the date that the lessee vacated
the premises, delivered in | ||||||
| 5 | person or by postmarked mail directed to the last known address | ||||||
| 6 | of the lessee or another address provided by the lessee. If the | ||||||
| 7 | lessee fails to provide the lessor with a mailing address or | ||||||
| 8 | electronic mail address, the lessor shall not be held liable | ||||||
| 9 | for any damages or penalties as a result of the lessee's | ||||||
| 10 | failure to provide an address.
| ||||||
| 11 | (b) If, through no fault of the lessor, the lessor is | ||||||
| 12 | unable to produce as required in subsection (a) receipts for | ||||||
| 13 | repairs or replacements, or copies thereof, then the lessor | ||||||
| 14 | shall produce an itemized list of the cost of repair or | ||||||
| 15 | replacement, any other evidence the lessor has of the cost, and | ||||||
| 16 | a verified statement of the lessor or the agent of the lessor | ||||||
| 17 | detailing the specific reasons why the lessor is unable to | ||||||
| 18 | produce the required receipts or copies and verifying that the | ||||||
| 19 | lessor has provided all other evidence the lessor has of the | ||||||
| 20 | cost. | ||||||
| 21 | (c) Upon a finding by a circuit court that a lessor has | ||||||
| 22 | refused to supply
the itemized statement required by this | ||||||
| 23 | Section, or has supplied such statement
in bad faith, and has | ||||||
| 24 | failed or refused to return the amount of the security
deposit | ||||||
| 25 | due within the time limits provided, the lessor shall be liable
| ||||||
| 26 | for an amount equal to twice the amount of the security deposit | ||||||
| |||||||
| |||||||
| 1 | due, together
with court costs and reasonable attorney's fees.
| ||||||
| 2 | (Source: P.A. 97-999, eff. 1-1-13.)".
| ||||||