Illinois General Assembly - Full Text of HB4951
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Full Text of HB4951  100th General Assembly




HB4951 EnrolledLRB100 18006 LNS 33194 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 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 may
12not withhold any part of that deposit as reimbursement for
13property damage unless the lessor has, within 30 days of the
14date that the lessee vacated the leased premises, furnished to
15the lessee, by personal delivery, by postmarked mail directed
16to his or her last known address, or by electronic mail to a
17verified electronic mail address provided by the lessee, an
18itemized statement of the damage allegedly caused to the leased
19premises and the estimated or actual cost for repairing or
20replacing each item on that statement, attaching the paid
21receipts, or copies thereof, for the repair or replacement. If
22the lessor utilizes his or her own labor to repair or replace
23any damage or damaged items caused by the lessee, the lessor



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



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1lessee fails to provide the lessor with a mailing address or
2electronic mail address, the lessor shall not be held liable
3for any damages or penalties as a result of the lessee's
4failure to provide an address.
5    (b) If, through no fault of the lessor, the lessor is
6unable to produce as required in subsection (a) receipts for
7repairs or replacements, or copies thereof, then the lessor
8shall produce an itemized list of the cost of repair or
9replacement, any other evidence the lessor has of the cost, and
10a verified statement of the lessor or the agent of the lessor
11detailing the specific reasons why the lessor is unable to
12produce the required receipts or copies and verifying that the
13lessor has provided all other evidence the lessor has of the
15    (c) Upon a finding by a circuit court that a lessor has
16refused to supply the itemized statement required by this
17Section, or has supplied such statement in bad faith, and has
18failed or refused to return the amount of the security deposit
19due within the time limits provided, the lessor shall be liable
20for an amount equal to twice the amount of the security deposit
21due, together with court costs and reasonable attorney's fees.
22(Source: P.A. 100-269, eff. 1-1-18.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.