Public Act 100-0269
 
HB3001 EnrolledLRB100 09851 HEP 20021 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Security Deposit Return Act is amended  by 
changing Section 1 as follows:
 



    (765 ILCS 710/1)  (from Ch. 80, par. 101)



    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

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

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

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.

    (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

for an amount equal to twice the amount of the security deposit 
due, together
with court costs and reasonable attorney's fees.

(Source: P.A. 97-999, eff. 1-1-13.)




Effective Date:  1/1/2018