Full Text of SB1741 103rd General Assembly
SB1741sam001 103RD GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 1741
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1741 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 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 or within 30 days of the date the lessee's right of | 16 | | possession ends, whichever is later , furnished to the lessee, |
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| 1 | | by personal delivery, by postmarked mail
directed to his or | 2 | | her last known address, or by electronic mail to a verified | 3 | | electronic mail address provided by the lessee, an itemized | 4 | | statement of the damage
allegedly caused to the leased | 5 | | premises and the estimated or actual cost for
repairing or | 6 | | replacing each item on that statement, attaching the paid
| 7 | | receipts, or copies thereof, for the repair or replacement.
If | 8 | | the lessor utilizes his or her own labor to repair or replace | 9 | | any damage or damaged items caused
by the lessee, the lessor | 10 | | may include the reasonable cost of his or her
labor to repair | 11 | | or replace such damage or damaged items. If estimated
cost is | 12 | | given, the lessor shall furnish to the lessee, delivered in | 13 | | person or by postmarked mail directed to the last known | 14 | | address of the lessee or another address provided by the | 15 | | lessee, paid receipts,
or copies thereof, within 30 days from | 16 | | the date the statement showing
estimated cost was furnished to | 17 | | the lessee, as required by this Section. If a written lease | 18 | | specifies the cost for cleaning, repair, or replacement of any | 19 | | component of the leased premises or any component of the | 20 | | building or common areas that, if damaged, will not be | 21 | | replaced, the lessor may withhold the dollar amount specified | 22 | | in the lease. Costs specified in a written lease shall be for | 23 | | damage beyond normal wear and tear and reasonable to restore | 24 | | the leased premises to the same condition as at the time the | 25 | | lease began. The itemized statement shall reference the dollar | 26 | | amount specified in the written lease associated with the |
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| 1 | | specific building component or amenity and include a copy of | 2 | | the applicable portion of the lease. Deductions for costs or | 3 | | values not specified in the lease shall otherwise comply with | 4 | | the requirements of this Section.
If no such statement and | 5 | | receipts, or copies thereof, are furnished to
the lessee as | 6 | | required by this Section, the lessor shall return the
security | 7 | | deposit in full within 45 days of the date that the lessee | 8 | | vacated
the premises, delivered in person or by postmarked | 9 | | mail directed to the last known address of the lessee or | 10 | | another address provided by the lessee. If the lessee fails to | 11 | | provide the lessor with a mailing address or electronic mail | 12 | | address, the lessor shall not be held liable for any damages or | 13 | | penalties as a result of the lessee's failure to provide an | 14 | | address.
| 15 | | (b) If, through no fault of the lessor, the lessor is | 16 | | unable to produce as required in subsection (a) receipts for | 17 | | repairs or replacements, or copies thereof, then the lessor | 18 | | shall produce an itemized list of the cost of repair or | 19 | | replacement, any other evidence the lessor has of the cost, | 20 | | and a verified statement of the lessor or the agent of the | 21 | | lessor detailing the specific reasons why the lessor is unable | 22 | | to produce the required receipts or copies and verifying that | 23 | | the lessor has provided all other evidence the lessor has of | 24 | | the cost. | 25 | | (c) Upon a finding by a circuit court that a lessor has | 26 | | refused to supply
the itemized statement required by this |
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| 1 | | Section, or has supplied such statement
in bad faith, and has | 2 | | failed or refused to return the amount of the security
deposit | 3 | | due within the time limits provided, the lessor shall be | 4 | | liable
for an amount equal to twice the amount of the security | 5 | | deposit due, together
with court costs and reasonable | 6 | | attorney's fees.
| 7 | | (Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)".
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