Full Text of HB3001 100th General Assembly
HB3001ham004 100TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 4/27/2017
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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 premises | 12 | | property may not
withhold any part of that deposit as | 13 | | reimbursement compensation for property damage
unless the | 14 | | lessor he has, within 30 days of the date that the lessee | 15 | | vacated the
leased premises, furnished to the lessee, by | 16 | | personal delivery delivered in person , by postmarked mail
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| 1 | | directed to his or her last known address, or by electronic | 2 | | mail to a verified electronic mail address provided by the | 3 | | lessee, an itemized statement of the damage
allegedly caused to | 4 | | the leased premises and the estimated or actual cost for
| 5 | | repairing or replacing each item on that statement, attaching | 6 | | the paid
receipts, or copies thereof, for the repair or | 7 | | replacement.
If the lessor utilizes his or her own labor to | 8 | | repair or replace any damage or damaged items caused
by the | 9 | | lessee, the lessor may include the reasonable cost of his or | 10 | | her
labor to repair or replace such damage or damaged items . If | 11 | | estimated
cost is given, the lessor shall furnish to the | 12 | | lessee, delivered in person or by postmarked mail directed to | 13 | | the last known address of the lessee or another address | 14 | | provided by the lessee, the lessee with paid receipts,
or | 15 | | copies thereof, within 30 days from the date the statement | 16 | | showing
estimated cost was furnished to the lessee, as required | 17 | | by this Section. If a written lease specifies the cost for | 18 | | cleaning, repair, or replacement of any component of the leased | 19 | | premises or any component of the building or common areas that, | 20 | | if damaged, will not be replaced, the lessor may withhold the | 21 | | dollar amount specified in the lease. The itemized statement | 22 | | shall reference the dollar amount specified in the written | 23 | | lease associated with the specific building component or | 24 | | amenity and include a copy of the applicable portion of the | 25 | | lease. Deductions for costs or values not specified in the | 26 | | lease shall otherwise comply with the requirements of this |
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| 1 | | Section.
If no such statement and receipts, or copies thereof, | 2 | | are furnished to
the lessee as required by this Section, the | 3 | | lessor shall return the
security deposit in full within 45 days | 4 | | of the date that the lessee vacated
the premises , delivered in | 5 | | person or by postmarked mail directed to the last known address | 6 | | of the lessee or another address provided by the lessee. If the | 7 | | lessee fails to provide the lessor with a mailing address or | 8 | | electronic mail address, the lessor shall not be held liable | 9 | | for any damages or penalties as a result of the lessee's | 10 | | failure to provide an address .
| 11 | | (b) If, through no fault of the lessor, the lessor is | 12 | | unable to produce as required in subsection (a) receipts for | 13 | | repairs or replacements, or copies thereof, then the lessor | 14 | | shall produce an itemized list of the cost of repair or | 15 | | replacement, any other evidence the lessor has of the cost, and | 16 | | a verified statement of the lessor or the agent of the lessor | 17 | | detailing the specific reasons why the lessor is unable to | 18 | | produce the required receipts or copies and verifying that the | 19 | | lessor has provided all other evidence the lessor has of the | 20 | | cost. | 21 | | (c) Upon a finding by a circuit court that a lessor has | 22 | | refused to supply
the itemized statement required by this | 23 | | Section, or has supplied such statement
in bad faith, and has | 24 | | failed or refused to return the amount of the security
deposit | 25 | | due within the time limits provided, the lessor shall be liable
| 26 | | for an amount equal to twice the amount of the security deposit |
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| 1 | | due, together
with court costs and reasonable attorney's fees.
| 2 | | (Source: P.A. 97-999, eff. 1-1-13.)".
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