Bill Text: IL SB1741 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Security Deposit Return Act is amended by | ||||||
5 | changing Section 1 as follows:
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6 | (765 ILCS 710/1) (from Ch. 80, par. 101)
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7 | Sec. 1. Statement of damage. | ||||||
8 | (a) Except as provided in subsection (b), a lessor of | ||||||
9 | residential real property , containing 5 or more units,
who has | ||||||
10 | received a security deposit from a lessee to secure the | ||||||
11 | payment
of rent or to compensate for damage to the leased | ||||||
12 | premises may not
withhold any part of that deposit as | ||||||
13 | reimbursement for property damage
unless the lessor has, | ||||||
14 | within 30 days of the date that the lessee vacated the
leased | ||||||
15 | premises or within 30 days of the date the lessee's right of | ||||||
16 | possession ends, whichever is later , furnished to the lessee, | ||||||
17 | by personal delivery, by postmarked mail
directed to his or | ||||||
18 | her last known address, or by electronic mail to a verified | ||||||
19 | electronic mail address provided by the lessee, an itemized | ||||||
20 | statement of the damage
allegedly caused to the leased | ||||||
21 | premises and the estimated or actual cost for
repairing or | ||||||
22 | replacing each item on that statement, attaching the paid
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23 | receipts, or copies thereof, for the repair or replacement.
If |
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1 | the lessor utilizes his or her own labor to repair or replace | ||||||
2 | any damage or damaged items caused
by the lessee, the lessor | ||||||
3 | may include the reasonable cost of his or her
labor to repair | ||||||
4 | or replace such damage or damaged items. If estimated
cost is | ||||||
5 | given, the lessor shall furnish to the lessee, delivered in | ||||||
6 | person or by postmarked mail directed to the last known | ||||||
7 | address of the lessee or another address provided by the | ||||||
8 | lessee, paid receipts,
or copies thereof, within 30 days from | ||||||
9 | the date the statement showing
estimated cost was furnished to | ||||||
10 | the lessee, as required by this Section. If a written lease | ||||||
11 | specifies the cost for cleaning, repair, or replacement of any | ||||||
12 | component of the leased premises or any component of the | ||||||
13 | building or common areas that, if damaged, will not be | ||||||
14 | replaced, the lessor may withhold the dollar amount specified | ||||||
15 | in the lease. Costs specified in a written lease shall be for | ||||||
16 | damage beyond normal wear and tear and reasonable to restore | ||||||
17 | the leased premises to the same condition as at the time the | ||||||
18 | lease began. The itemized statement shall reference the dollar | ||||||
19 | amount specified in the written lease associated with the | ||||||
20 | specific building component or amenity and include a copy of | ||||||
21 | the applicable portion of the lease. Deductions for costs or | ||||||
22 | values not specified in the lease shall otherwise comply with | ||||||
23 | the requirements of this Section.
If no such statement and | ||||||
24 | receipts, or copies thereof, are furnished to
the lessee as | ||||||
25 | required by this Section, the lessor shall return the
security | ||||||
26 | deposit in full within 45 days of the date that the lessee |
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1 | vacated
the premises, delivered in person or by postmarked | ||||||
2 | mail directed to the last known address of the lessee or | ||||||
3 | another address provided by the lessee. If the lessee fails to | ||||||
4 | provide the lessor with a mailing address or electronic mail | ||||||
5 | address, the lessor shall not be held liable for any damages or | ||||||
6 | penalties as a result of the lessee's failure to provide an | ||||||
7 | address.
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8 | (b) If, through no fault of the lessor, the lessor is | ||||||
9 | unable to produce as required in subsection (a) receipts for | ||||||
10 | repairs or replacements, or copies thereof, then the lessor | ||||||
11 | shall produce an itemized list of the cost of repair or | ||||||
12 | replacement, any other evidence the lessor has of the cost, | ||||||
13 | and a verified statement of the lessor or the agent of the | ||||||
14 | lessor detailing the specific reasons why the lessor is unable | ||||||
15 | to produce the required receipts or copies and verifying that | ||||||
16 | the lessor has provided all other evidence the lessor has of | ||||||
17 | the cost. | ||||||
18 | (c) Upon a finding by a circuit court that a lessor has | ||||||
19 | refused to supply
the itemized statement required by this | ||||||
20 | Section, or has supplied such statement
in bad faith, and has | ||||||
21 | failed or refused to return the amount of the security
deposit | ||||||
22 | due within the time limits provided, the lessor shall be | ||||||
23 | liable
for an amount equal to twice the amount of the security | ||||||
24 | deposit due, together
with court costs and reasonable | ||||||
25 | attorney's fees.
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26 | (Source: P.A. 100-269, eff. 1-1-18; 100-654, eff. 7-31-18.)
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