Sen. Steve Stadelman

Filed: 3/24/2023





10300SB1741sam001LRB103 28587 LNS 60037 a


2    AMENDMENT NO. ______. Amend Senate Bill 1741 by replacing
3everything after the enacting clause with the following:
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 or within 30 days of the date the lessee's right of
16possession ends, whichever is later, furnished to the lessee,



10300SB1741sam001- 2 -LRB103 28587 LNS 60037 a

1by personal delivery, by postmarked mail directed to his or
2her last known address, or by electronic mail to a verified
3electronic mail address provided by the lessee, an itemized
4statement of the damage allegedly caused to the leased
5premises and the estimated or actual cost for repairing or
6replacing each item on that statement, attaching the paid
7receipts, or copies thereof, for the repair or replacement. If
8the lessor utilizes his or her own labor to repair or replace
9any damage or damaged items caused by the lessee, the lessor
10may include the reasonable cost of his or her labor to repair
11or replace such damage or damaged items. If estimated cost is
12given, the lessor shall furnish to the lessee, delivered in
13person or by postmarked mail directed to the last known
14address of the lessee or another address provided by the
15lessee, paid receipts, or copies thereof, within 30 days from
16the date the statement showing estimated cost was furnished to
17the lessee, as required by this Section. If a written lease
18specifies the cost for cleaning, repair, or replacement of any
19component of the leased premises or any component of the
20building or common areas that, if damaged, will not be
21replaced, the lessor may withhold the dollar amount specified
22in the lease. Costs specified in a written lease shall be for
23damage beyond normal wear and tear and reasonable to restore
24the leased premises to the same condition as at the time the
25lease began. The itemized statement shall reference the dollar
26amount specified in the written lease associated with the



10300SB1741sam001- 3 -LRB103 28587 LNS 60037 a

1specific building component or amenity and include a copy of
2the applicable portion of the lease. Deductions for costs or
3values not specified in the lease shall otherwise comply with
4the requirements of this Section. If no such statement and
5receipts, or copies thereof, are furnished to the lessee as
6required by this Section, the lessor shall return the security
7deposit in full within 45 days of the date that the lessee
8vacated the premises, delivered in person or by postmarked
9mail directed to the last known address of the lessee or
10another address provided by the lessee. If the lessee fails to
11provide the lessor with a mailing address or electronic mail
12address, the lessor shall not be held liable for any damages or
13penalties as a result of the lessee's failure to provide an
15    (b) If, through no fault of the lessor, the lessor is
16unable to produce as required in subsection (a) receipts for
17repairs or replacements, or copies thereof, then the lessor
18shall produce an itemized list of the cost of repair or
19replacement, any other evidence the lessor has of the cost,
20and a verified statement of the lessor or the agent of the
21lessor detailing the specific reasons why the lessor is unable
22to produce the required receipts or copies and verifying that
23the lessor has provided all other evidence the lessor has of
24the cost.
25    (c) Upon a finding by a circuit court that a lessor has
26refused to supply the itemized statement required by this



10300SB1741sam001- 4 -LRB103 28587 LNS 60037 a

1Section, or has supplied such statement in bad faith, and has
2failed or refused to return the amount of the security deposit
3due within the time limits provided, the lessor shall be
4liable for an amount equal to twice the amount of the security
5deposit due, together with court costs and reasonable
6attorney's fees.
7(Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)".