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| Public Act 100-0654 | ||||
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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 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 may | ||||
not
withhold any part of that deposit as reimbursement for | ||||
property damage
unless the lessor has, within 30 days of the | ||||
date that the lessee vacated the
leased premises, furnished to | ||||
the lessee, by personal delivery, 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
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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, 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. Costs | ||
specified in a written lease shall be for damage beyond normal | ||
wear and tear and reasonable to restore the leased premises to | ||
the same condition as at the time the lease began. 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. 100-269, eff. 1-1-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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