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| Public Act 100-0269 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Security Deposit Return Act is amended by | ||||
changing Section 1 as follows:
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(765 ILCS 710/1) (from Ch. 80, par. 101)
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Sec. 1. Statement of damage. | ||||
(a) Except as provided in subsection (b), a A lessor of | ||||
residential real property, containing 5 or more units,
who has | ||||
received a security deposit from a lessee to secure the payment
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of rent or to compensate for damage to the leased premises | ||||
property may not
withhold any part of that deposit as | ||||
reimbursement compensation for property damage
unless the | ||||
lessor he has, within 30 days of the date that the lessee | ||||
vacated the
leased premises, furnished to the lessee, by | ||||
personal delivery delivered in person, by postmarked mail
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directed to his or her last known address, or by electronic | ||||
mail to a verified electronic mail address provided by the | ||||
lessee, an itemized statement of the damage
allegedly caused to | ||||
the leased premises and the estimated or actual cost for
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repairing or replacing each item on that statement, attaching | ||||
the paid
receipts, or copies thereof, for the repair or | ||||
replacement.
If the lessor utilizes his or her own labor to | ||||
repair or replace any damage or damaged items caused
by the | ||
lessee, the lessor may include the reasonable cost of his or | ||
her
labor to repair or replace such damage or damaged items. If | ||
estimated
cost is given, the lessor shall furnish to the | ||
lessee, delivered in person or by postmarked mail directed to | ||
the last known address of the lessee or another address | ||
provided by the lessee, the lessee with paid receipts,
or | ||
copies thereof, within 30 days from the date the statement | ||
showing
estimated cost was furnished to the lessee, as required | ||
by this Section. If a written lease specifies the cost for | ||
cleaning, repair, or replacement of any component of the leased | ||
premises or any component of the building or common areas that, | ||
if damaged, will not be replaced, the lessor may withhold the | ||
dollar amount specified in the lease. The itemized statement | ||
shall reference the dollar amount specified in the written | ||
lease associated with the specific building component or | ||
amenity and include a copy of the applicable portion of the | ||
lease. Deductions for costs or values not specified in the | ||
lease shall otherwise comply with the requirements of this | ||
Section.
If no such statement and receipts, or copies thereof, | ||
are furnished to
the lessee as required by this Section, the | ||
lessor shall return the
security deposit in full within 45 days | ||
of the date that the lessee vacated
the premises, delivered in | ||
person or by postmarked mail directed to the last known address | ||
of the lessee or another address provided by the lessee. If the | ||
lessee fails to provide the lessor with a mailing address or | ||
electronic mail address, the lessor shall not be held liable | ||
for any damages or penalties as a result of the lessee's | ||
failure to provide an address.
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(b) If, through no fault of the lessor, the lessor is | ||
unable to produce as required in subsection (a) receipts for | ||
repairs or replacements, or copies thereof, then the lessor | ||
shall produce an itemized list of the cost of repair or | ||
replacement, any other evidence the lessor has of the cost, and | ||
a verified statement of the lessor or the agent of the lessor | ||
detailing the specific reasons why the lessor is unable to | ||
produce the required receipts or copies and verifying that the | ||
lessor has provided all other evidence the lessor has of the | ||
cost. | ||
(c) Upon a finding by a circuit court that a lessor has | ||
refused to supply
the itemized statement required by this | ||
Section, or has supplied such statement
in bad faith, and has | ||
failed or refused to return the amount of the security
deposit | ||
due within the time limits provided, the lessor shall be liable
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for an amount equal to twice the amount of the security deposit | ||
due, together
with court costs and reasonable attorney's fees.
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(Source: P.A. 97-999, eff. 1-1-13.)
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