Public Act 097-0999
 
HB5314 EnrolledLRB097 16202 AJO 61355 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. 
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 property may not
withhold any part of that 
deposit as compensation for property damage
unless he has, 
within 30 days of the date that the lessee vacated the

premises, furnished to the lessee, delivered in person, or by 
mail
directed to his 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 
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 any damage 
caused
by the lessee, the lessor may include the reasonable 
cost of his or her
labor to repair such damage. If estimated

cost is given, the lessor shall furnish 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 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.

    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. 86-1302.)