SB2333sam003 99TH GENERAL ASSEMBLY

Sen. Dave Syverson

Filed: 4/14/2016

09900SB2333sam003 LRB099 19011 HEP 47498 a

AMENDMENT TO SENATE BILL 2333

AMENDMENT NO. ______. Amend Senate Bill 2333, 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. (a) Except as provided in subsection (c), 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 property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person, by mail directed to 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 premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair any damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair such damage. If estimated cost is given, the lessor shall furnish 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 no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises.

(b) As used in subsection (a), "the date that the lessee vacated the premises" means the date on which the lessee's right to possess and occupy the premises expired, either under provisions of the lease, by court order, or under other applicable law.

(c) If a lessee occupies a property beyond the date the lessee's right to possess and occupy the property expires:

(1) The lessee shall provide the lessor written notice that the leased property has been vacated, delivered in person, by United States mail directed to the address rent payments are delivered, or by electronic mail to a verified electronic mail address provided by the lessor.

(2) The time frames in subsection (a) begin upon the lessor's receipt of the written notice from the lessee, except that the time within which the lessor must supply the lessee an itemized statement of actual costs or estimates to repair or replace damaged property shall be 45 days from the date the lessor receives written notice that the property has been vacated.

(d) Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has 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.

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