Bill Text: IL SB1741 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Security Deposit Return Act. Removes language that requires a lessor of residential real property who is restricted from withholding any part of a security deposit from a lessee without furnishing an itemized statement to the lessee to be a lessor of a residential real property containing 5 or more units.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0224 [SB1741 Detail]

Download: Illinois-2023-SB1741-Chaptered.html

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Public Act 103-0224
SB1741 Enrolled LRB103 28587 LNS 54968 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 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 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 or within 30 days of the date the lessee's right of
possession ends, whichever is later, 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
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.
(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. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)