Bill Text: IL HB5314 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends provisions of the Security Deposit Return Act prohibiting a lessor of residential real property containing 5 or more units to withhold any part of a security deposit as compensation for property damage unless, within 30 days of the date the lessee vacates the premises, the lessor delivers an itemized damage statement to the lessee in person or by mail to the lessee's last known address. Adds language providing that the statement may also be sent by electronic mail to a verified electronic mail address provided by the lessee.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0999 [HB5314 Detail]
Download: Illinois-2011-HB5314-Chaptered.html
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| Public Act 097-0999 | ||||
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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.
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
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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
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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
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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.
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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.
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(Source: P.A. 86-1302.)
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