Full Text of SB1741 103rd General Assembly
SB1741 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1741 Introduced 2/9/2023, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
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765 ILCS 710/1 | from Ch. 80, par. 101 |
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Amends the Security Deposit Return Act. Removes language that requires a lessor of residential real property who is restricted from withholding any part of a security deposit from a lessee without furnishing an itemized statement to the lessee to be a lessor of a residential real property containing 5 or more units.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 lessor of | 9 | | residential real property , containing 5 or more units,
who has | 10 | | received a security deposit from a lessee to secure the | 11 | | payment
of rent or to compensate for damage to the leased | 12 | | premises may not
withhold any part of that deposit as | 13 | | reimbursement for property damage
unless the lessor has, | 14 | | within 30 days of the date that the lessee vacated the
leased | 15 | | premises, furnished to the lessee, by personal delivery, by | 16 | | postmarked mail
directed to his or her last known address, or | 17 | | by electronic mail to a verified electronic mail address | 18 | | provided by the lessee, an itemized statement of the damage
| 19 | | allegedly caused to the leased premises and the estimated or | 20 | | actual cost for
repairing or replacing each item on that | 21 | | statement, attaching the paid
receipts, or copies thereof, for | 22 | | the repair or replacement.
If the lessor utilizes his or her | 23 | | own labor to repair or replace any damage or damaged items |
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| 1 | | caused
by the lessee, the lessor may include the reasonable | 2 | | cost of his or her
labor to repair or replace such damage or | 3 | | damaged items. If estimated
cost is given, the lessor shall | 4 | | furnish to the lessee, delivered in person or by postmarked | 5 | | mail directed to the last known address of the lessee or | 6 | | another address provided by the lessee, paid receipts,
or | 7 | | copies thereof, within 30 days from the date the statement | 8 | | showing
estimated cost was furnished to the lessee, as | 9 | | required by this Section. If a written lease specifies the | 10 | | cost for cleaning, repair, or replacement of any component of | 11 | | the leased premises or any component of the building or common | 12 | | areas that, if damaged, will not be replaced, the lessor may | 13 | | withhold the dollar amount specified in the lease. Costs | 14 | | specified in a written lease shall be for damage beyond normal | 15 | | wear and tear and reasonable to restore the leased premises to | 16 | | the same condition as at the time the lease began. The itemized | 17 | | statement shall reference the dollar amount specified in the | 18 | | written lease associated with the specific building component | 19 | | or amenity and include a copy of the applicable portion of the | 20 | | lease. Deductions for costs or values not specified in the | 21 | | lease shall otherwise comply with the requirements of this | 22 | | Section.
If no such statement and receipts, or copies thereof, | 23 | | are furnished to
the lessee as required by this Section, the | 24 | | lessor shall return the
security deposit in full within 45 | 25 | | days of the date that the lessee vacated
the premises, | 26 | | delivered in person or by postmarked mail directed to the last |
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| 1 | | known address of the lessee or another address provided by the | 2 | | lessee. If the lessee fails to provide the lessor with a | 3 | | mailing address or electronic mail address, the lessor shall | 4 | | not be held liable for any damages or penalties as a result of | 5 | | the lessee's failure to provide an address.
| 6 | | (b) If, through no fault of the lessor, the lessor is | 7 | | unable to produce as required in subsection (a) receipts for | 8 | | repairs or replacements, or copies thereof, then the lessor | 9 | | shall produce an itemized list of the cost of repair or | 10 | | replacement, any other evidence the lessor has of the cost, | 11 | | and a verified statement of the lessor or the agent of the | 12 | | lessor detailing the specific reasons why the lessor is unable | 13 | | to produce the required receipts or copies and verifying that | 14 | | the lessor has provided all other evidence the lessor has of | 15 | | the cost. | 16 | | (c) Upon a finding by a circuit court that a lessor has | 17 | | refused to supply
the itemized statement required by this | 18 | | Section, or has supplied such statement
in bad faith, and has | 19 | | failed or refused to return the amount of the security
deposit | 20 | | due within the time limits provided, the lessor shall be | 21 | | liable
for an amount equal to twice the amount of the security | 22 | | deposit due, together
with court costs and reasonable | 23 | | attorney's fees.
| 24 | | (Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)
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