Full Text of HB3001 100th General Assembly
HB3001ham002 100TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 3/21/2017
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| 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 property may | 12 | | not
withhold any part of that deposit as compensation for | 13 | | property damage
unless he has, within 30 days of the date that | 14 | | the lessee vacated the
premises, furnished to the lessee, | 15 | | delivered in person, by postmarked mail
directed to his or her | 16 | | last known address, or by electronic mail to a verified |
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| 1 | | electronic mail address provided by the lessee, an itemized | 2 | | statement of the damage
allegedly caused to the premises and | 3 | | the estimated or actual cost for
repairing or replacing each | 4 | | item on that statement, attaching the paid
receipts, or copies | 5 | | thereof, for the repair or replacement.
If the lessor utilizes | 6 | | his or her own labor to repair any damage caused
by the lessee, | 7 | | the lessor may include the reasonable cost of his or her
labor | 8 | | to repair such damage. If estimated
cost is given, the lessor | 9 | | shall furnish to the lessee, delivered in person or by | 10 | | postmarked mail directed to the last known address of the | 11 | | lessee or another address provided by the lessee, the lessee | 12 | | with paid receipts,
or copies thereof, within 30 days from the | 13 | | date the statement showing
estimated cost was furnished to the | 14 | | lessee, as required by this Section. If a written lease | 15 | | specifies the cost for cleaning, repair, or replacement of any | 16 | | building component or the value of any amenity that, if | 17 | | damaged, will not be replaced, the lessor may withhold the | 18 | | dollar amount specified in the lease. The itemized statement | 19 | | shall reference the dollar amount specified in the written | 20 | | lease associated with the specific building component or | 21 | | amenity and include a copy of the applicable portion of the | 22 | | lease. Deductions for costs or values not specified in the | 23 | | lease shall otherwise comply with the requirements of this | 24 | | Section.
If no such statement and receipts, or copies thereof, | 25 | | are furnished to
the lessee as required by this Section, the | 26 | | lessor shall return the
security deposit in full within 45 days |
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| 1 | | of the date that the lessee vacated
the premises , delivered in | 2 | | person or by postmarked mail directed to the last known address | 3 | | of the lessee or another address provided by the lessee. If the | 4 | | lessee fails to provide the lessor with a mailing address or | 5 | | electronic mail address, the lessor shall not be held liable | 6 | | for any damages or penalties as a result of the lessee's | 7 | | failure to provide an address .
| 8 | | (b) If, through no fault of the lessor, the lessor is | 9 | | unable to produce as required in subsection (a) receipts for | 10 | | repairs or replacements, or copies thereof, then the lessor | 11 | | shall produce an itemized list of the cost of repair or | 12 | | replacement, any other evidence the lessor has of the cost, and | 13 | | a verified statement of the lessor or the agent of the lessor | 14 | | detailing the specific reasons why the lessor is unable to | 15 | | produce the required receipts or copies and verifying that the | 16 | | lessor has provided all other evidence the lessor has of the | 17 | | cost. | 18 | | (c) Upon a finding by a circuit court that a lessor has | 19 | | refused to supply
the itemized statement required by this | 20 | | Section, or has supplied such statement
in bad faith, and has | 21 | | failed or refused to return the amount of the security
deposit | 22 | | due within the time limits provided, the lessor shall be liable
| 23 | | for an amount equal to twice the amount of the security deposit | 24 | | due, together
with court costs and reasonable attorney's fees.
| 25 | | (Source: P.A. 97-999, eff. 1-1-13.)".
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