State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Steve Stadelman


765 ILCS 710/1  from Ch. 80, par. 101

    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.

LRB103 28587 LNS 54968 b





SB1741LRB103 28587 LNS 54968 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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. Statement of damage.
8    (a) Except as provided in subsection (b), a lessor of
9residential real property, containing 5 or more units, who has
10received a security deposit from a lessee to secure the
11payment of rent or to compensate for damage to the leased
12premises may not withhold any part of that deposit as
13reimbursement for property damage unless the lessor has,
14within 30 days of the date that the lessee vacated the leased
15premises, furnished to the lessee, by personal delivery, by
16postmarked mail directed to his or her last known address, or
17by electronic mail to a verified electronic mail address
18provided by the lessee, an itemized statement of the damage
19allegedly caused to the leased premises and the estimated or
20actual cost for repairing or replacing each item on that
21statement, attaching the paid receipts, or copies thereof, for
22the repair or replacement. If the lessor utilizes his or her
23own labor to repair or replace any damage or damaged items



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1caused by the lessee, the lessor may include the reasonable
2cost of his or her labor to repair or replace such damage or
3damaged items. If estimated cost is given, the lessor shall
4furnish to the lessee, delivered in person or by postmarked
5mail directed to the last known address of the lessee or
6another address provided by the lessee, paid receipts, or
7copies thereof, within 30 days from the date the statement
8showing estimated cost was furnished to the lessee, as
9required by this Section. If a written lease specifies the
10cost for cleaning, repair, or replacement of any component of
11the leased premises or any component of the building or common
12areas that, if damaged, will not be replaced, the lessor may
13withhold the dollar amount specified in the lease. Costs
14specified in a written lease shall be for damage beyond normal
15wear and tear and reasonable to restore the leased premises to
16the same condition as at the time the lease began. The itemized
17statement shall reference the dollar amount specified in the
18written lease associated with the specific building component
19or amenity and include a copy of the applicable portion of the
20lease. Deductions for costs or values not specified in the
21lease shall otherwise comply with the requirements of this
22Section. If no such statement and receipts, or copies thereof,
23are furnished to the lessee as required by this Section, the
24lessor shall return the security deposit in full within 45
25days of the date that the lessee vacated the premises,
26delivered in person or by postmarked mail directed to the last



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1known address of the lessee or another address provided by the
2lessee. If the lessee fails to provide the lessor with a
3mailing address or electronic mail address, the lessor shall
4not be held liable for any damages or penalties as a result of
5the lessee's failure to provide an address.
6    (b) If, through no fault of the lessor, the lessor is
7unable to produce as required in subsection (a) receipts for
8repairs or replacements, or copies thereof, then the lessor
9shall produce an itemized list of the cost of repair or
10replacement, any other evidence the lessor has of the cost,
11and a verified statement of the lessor or the agent of the
12lessor detailing the specific reasons why the lessor is unable
13to produce the required receipts or copies and verifying that
14the lessor has provided all other evidence the lessor has of
15the cost.
16    (c) Upon a finding by a circuit court that a lessor has
17refused to supply the itemized statement required by this
18Section, or has supplied such statement in bad faith, and has
19failed or refused to return the amount of the security deposit
20due within the time limits provided, the lessor shall be
21liable for an amount equal to twice the amount of the security
22deposit due, together with court costs and reasonable
23attorney's fees.
24(Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)