SB2333sam001 99TH GENERAL ASSEMBLY

Sen. Dave Syverson

Filed: 3/11/2016

09900SB2333sam001 LRB099 19011 HEP 46002 a

AMENDMENT TO SENATE BILL 2333

AMENDMENT NO. ______. Amend Senate Bill 2333 by replacing everything after the enacting clause with the following:

"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, 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 a written lease provision authorizes withholding amounts from the security deposit to compensate the lessor for items of personal property located in the leased premises that, if damaged, will not be repaired or replaced and the written lease includes an inventory schedule of each item, a description of the condition of each item at the time the lessee took possession of the premises, and the amount that will be charged if the item is damaged, the lessor may deduct the amount specified on the inventory schedule and must include on the statement a description of the damage to the item of personal property and a copy of the inventory schedule. 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. For the purposes of this Section, "the date that the lessee vacated the premises" means the date on which the lessee's right to possess and occupy the premises expired, either under provisions of the lease, by court order, or under other applicable law. This Section does not apply to a tenancy at sufferance or when a lease has been terminated for cause by the lessor and the lessee remains in the property beyond the date a court has ordered that possession be restored to the lessor.

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. 97-999, eff. 1-1-13.)".