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

    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.


LRB099 07969 HEP 28109 b

 

 

A BILL FOR

 

SB0872LRB099 07969 HEP 28109 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. A lessor of residential real property, containing 5
8or more units, who has received a security deposit from a
9lessee to secure the payment of rent or to compensate for
10damage to the leased property may not withhold any part of that
11deposit as compensation for property damage unless he has,
12within 30 days of the date that the lessee vacated the
13premises, furnished to the lessee, delivered in person, by mail
14directed to his last known address, or by electronic mail to a
15verified electronic mail address provided by the lessee, an
16itemized statement of the damage allegedly caused to the
17premises and the estimated or actual cost for repairing or
18replacing each item on that statement, attaching the paid
19receipts, or copies thereof, for the repair or replacement or
20depreciated value of damage if the damage is beyond repair and
21not replaced. If the lessor utilizes his or her own labor to
22repair any damage caused by the lessee, the lessor may include
23the reasonable cost of his or her labor to repair such damage.

 

 

SB0872- 2 -LRB099 07969 HEP 28109 b

1If estimated cost is given, the lessor shall furnish the lessee
2with paid receipts, or copies thereof, within 30 days from the
3date the statement showing estimated cost was furnished to the
4lessee, as required by this Section. If no such statement and
5receipts, or copies thereof, are furnished to the lessee as
6required by this Section, the lessor shall return the security
7deposit in full within 45 days of the date that the lessee
8vacated the premises. For the purposes of this Section, "the
9date that the lessee vacated the premises" means the date on
10which the lessee's right to possess and occupy the premises
11expired, either under provisions of the lease or under other
12applicable law. This Section does not apply to a tenancy at
13sufferance or if a lease has been terminated for cause by the
14lessor.
15    Upon a finding by a circuit court that a lessor has refused
16to supply the itemized statement required by this Section, or
17has supplied such statement in bad faith, and has failed or
18refused to return the amount of the security deposit due within
19the time limits provided, the lessor shall be liable for an
20amount equal to twice the amount of the security deposit due,
21together with court costs and reasonable attorney's fees.
22(Source: P.A. 97-999, eff. 1-1-13.)