Full Text of SB0872 99th General Assembly
SB0872 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0872 Introduced 2/11/2015, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
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765 ILCS 710/1 | from Ch. 80, par. 101 |
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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.
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| | A BILL FOR |
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| | | SB0872 | | LRB099 07969 HEP 28109 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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.
A lessor of residential real property, containing 5 | 8 | | or more units,
who has received a security deposit from a | 9 | | lessee to secure the payment
of rent or to compensate for | 10 | | damage to the leased property may not
withhold any part of that | 11 | | deposit as compensation for property damage
unless he has, | 12 | | within 30 days of the date that the lessee vacated the
| 13 | | premises, furnished to the lessee, delivered in person, by mail
| 14 | | directed to his last known address, or by electronic mail to a | 15 | | verified electronic mail address provided by the lessee, an | 16 | | itemized statement of the damage
allegedly caused to the | 17 | | premises and the estimated or actual cost for
repairing or | 18 | | replacing each item on that statement, attaching the paid
| 19 | | receipts, or copies thereof, for the repair or replacement or | 20 | | depreciated value of damage if the damage is beyond repair and | 21 | | not replaced .
If the lessor utilizes his or her own labor to | 22 | | repair any damage caused
by the lessee, the lessor may include | 23 | | the reasonable cost of his or her
labor to repair such damage. |
| | | SB0872 | - 2 - | LRB099 07969 HEP 28109 b |
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| 1 | | If estimated
cost is given, the lessor shall furnish the lessee | 2 | | with paid receipts,
or copies thereof, within 30 days from the | 3 | | date the statement showing
estimated cost was furnished to the | 4 | | lessee, as required by this Section.
If no such statement and | 5 | | receipts, or copies thereof, are furnished to
the lessee as | 6 | | required by this Section, the lessor shall return the
security | 7 | | deposit in full within 45 days of the date that the lessee | 8 | | vacated
the premises. For the purposes of this Section, "the | 9 | | date that the lessee vacated the premises" means the date on | 10 | | which the lessee's right to possess and occupy the premises | 11 | | expired, either under provisions of the lease or under other | 12 | | applicable law. This Section does not apply to a tenancy at | 13 | | sufferance or if a lease has been terminated for cause by the | 14 | | lessor.
| 15 | | Upon a finding by a circuit court that a lessor has refused | 16 | | to supply
the itemized statement required by this Section, or | 17 | | has supplied such statement
in bad faith, and has failed or | 18 | | refused to return the amount of the security
deposit due within | 19 | | the time limits provided, the lessor shall be liable
for an | 20 | | amount equal to twice the amount of the security deposit due, | 21 | | together
with court costs and reasonable attorney's fees.
| 22 | | (Source: P.A. 97-999, eff. 1-1-13.)
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