Illinois General Assembly - Full Text of HB3001
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Full Text of HB3001  100th General Assembly




HB3001 EnrolledLRB100 09851 HEP 20021 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Security Deposit Return Act is amended by
5changing Section 1 as follows:
6    (765 ILCS 710/1)  (from Ch. 80, par. 101)
7    Sec. 1. Statement of damage.
8    (a) Except as provided in subsection (b), a A lessor of
9residential real property, containing 5 or more units, who has
10received a security deposit from a lessee to secure the payment
11of rent or to compensate for damage to the leased premises
12property may not withhold any part of that deposit as
13reimbursement compensation for property damage unless the
14lessor he has, within 30 days of the date that the lessee
15vacated the leased premises, furnished to the lessee, by
16personal delivery delivered in person, by postmarked mail
17directed to his or her last known address, or by electronic
18mail to a verified electronic mail address provided by the
19lessee, an itemized statement of the damage allegedly caused to
20the leased premises and the estimated or actual cost for
21repairing or replacing each item on that statement, attaching
22the paid receipts, or copies thereof, for the repair or
23replacement. If the lessor utilizes his or her own labor to



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1repair or replace any damage or damaged items caused by the
2lessee, the lessor may include the reasonable cost of his or
3her labor to repair or replace such damage or damaged items. If
4estimated cost is given, the lessor shall furnish to the
5lessee, delivered in person or by postmarked mail directed to
6the last known address of the lessee or another address
7provided by the lessee, the lessee with paid receipts, or
8copies thereof, within 30 days from the date the statement
9showing estimated cost was furnished to the lessee, as required
10by this Section. If a written lease specifies the cost for
11cleaning, repair, or replacement of any component of the leased
12premises or any component of the building or common areas that,
13if damaged, will not be replaced, the lessor may withhold the
14dollar amount specified in the lease. The itemized statement
15shall reference the dollar amount specified in the written
16lease associated with the specific building component or
17amenity and include a copy of the applicable portion of the
18lease. Deductions for costs or values not specified in the
19lease shall otherwise comply with the requirements of this
20Section. If no such statement and receipts, or copies thereof,
21are furnished to the lessee as required by this Section, the
22lessor shall return the security deposit in full within 45 days
23of the date that the lessee vacated the premises, delivered in
24person or by postmarked mail directed to the last known address
25of the lessee or another address provided by the lessee. If the
26lessee fails to provide the lessor with a mailing address or



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1electronic mail address, the lessor shall not be held liable
2for any damages or penalties as a result of the lessee's
3failure to provide an address.
4    (b) If, through no fault of the lessor, the lessor is
5unable to produce as required in subsection (a) receipts for
6repairs or replacements, or copies thereof, then the lessor
7shall produce an itemized list of the cost of repair or
8replacement, any other evidence the lessor has of the cost, and
9a verified statement of the lessor or the agent of the lessor
10detailing the specific reasons why the lessor is unable to
11produce the required receipts or copies and verifying that the
12lessor has provided all other evidence the lessor has of the
14    (c) Upon a finding by a circuit court that a lessor has
15refused to supply the itemized statement required by this
16Section, or has supplied such statement in bad faith, and has
17failed or refused to return the amount of the security deposit
18due within the time limits provided, the lessor shall be liable
19for an amount equal to twice the amount of the security deposit
20due, together with court costs and reasonable attorney's fees.
21(Source: P.A. 97-999, eff. 1-1-13.)