Illinois General Assembly - Full Text of SB2333
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Full Text of SB2333  99th General Assembly

SB2333sam002 99TH GENERAL ASSEMBLY

Sen. Dave Syverson

Filed: 3/30/2016

 

 


 

 


 
09900SB2333sam002LRB099 19011 HEP 46787 a

1
AMENDMENT TO SENATE BILL 2333

2    AMENDMENT NO. ______. Amend Senate Bill 2333 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1premises and the estimated or actual cost for repairing or
2replacing each item on that statement, attaching the paid
3receipts, or copies thereof, for the repair or replacement. If
4the lessor utilizes his or her own labor to repair any damage
5caused by the lessee, the lessor may include the reasonable
6cost of his or her labor to repair such damage. If estimated
7cost is given, the lessor shall furnish the lessee with paid
8receipts, or copies thereof, within 30 days from the date the
9statement showing estimated cost was furnished to the lessee,
10as required by this Section. If no such statement and receipts,
11or copies thereof, are furnished to the lessee as required by
12this Section, the lessor shall return the security deposit in
13full within 45 days of the date that the lessee vacated the
14premises. For the purposes of this Section, "the date that the
15lessee vacated the premises" means the date on which the
16lessee's right to possess and occupy the premises expired,
17either under provisions of the lease, by court order, or under
18other applicable law. This Section does not apply to a tenancy
19at sufferance or when a lease has been terminated for cause by
20the lessor and the lessee remains in the property beyond the
21date a court has ordered that possession be restored to the
22lessor.
23    Upon a finding by a circuit court that a lessor has refused
24to supply the itemized statement required by this Section, or
25has supplied such statement in bad faith, and has failed or
26refused to return the amount of the security deposit due within

 

 

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1the time limits provided, the lessor shall be liable for an
2amount equal to twice the amount of the security deposit due,
3together with court costs and reasonable attorney's fees.
4(Source: P.A. 97-999, eff. 1-1-13.)".