Full Text of SB2333 99th General Assembly
SB2333sam001 99TH GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 3/11/2016
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| 1 | | AMENDMENT TO SENATE BILL 2333
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2333 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Security Deposit Return Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (765 ILCS 710/1) (from Ch. 80, par. 101)
| 7 | | Sec. 1.
A lessor of residential real property, containing 5 | 8 | | or more units,
who has received a security deposit from a | 9 | | lessee to secure the payment
of rent or to compensate for | 10 | | damage to the leased property may not
withhold any part of that | 11 | | deposit as compensation for property damage
unless he has, | 12 | | within 30 days of the date that the lessee vacated the
| 13 | | premises, furnished to the lessee, delivered in person, by mail
| 14 | | directed to his last known address, or by electronic mail to a | 15 | | verified electronic mail address provided by the lessee, an | 16 | | itemized statement of the damage
allegedly caused to the |
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| 1 | | premises and the estimated or actual cost for
repairing or | 2 | | replacing each item on that statement, attaching the paid
| 3 | | receipts, or copies thereof, for the repair or replacement.
If | 4 | | the lessor utilizes his or her own labor to repair any damage | 5 | | caused
by the lessee, the lessor may include the reasonable | 6 | | cost of his or her
labor to repair such damage. If estimated
| 7 | | cost is given, the lessor shall furnish the lessee with paid | 8 | | receipts,
or copies thereof, within 30 days from the date the | 9 | | statement showing
estimated cost was furnished to the lessee, | 10 | | as required by this Section. If a written lease provision | 11 | | authorizes withholding amounts from the security deposit to | 12 | | compensate the lessor for items of personal property located in | 13 | | the leased premises that, if damaged, will not be repaired or | 14 | | replaced and the written lease includes an inventory schedule | 15 | | of each item, a description of the condition of each item at | 16 | | the time the lessee took possession of the premises, and the | 17 | | amount that will be charged if the item is damaged, the lessor | 18 | | may deduct the amount specified on the inventory schedule and | 19 | | must include on the statement a description of the damage to | 20 | | the item of personal property and a copy of the inventory | 21 | | schedule.
If no such statement and receipts, or copies thereof, | 22 | | are furnished to
the lessee as required by this Section, the | 23 | | lessor shall return the
security deposit in full within 45 days | 24 | | of the date that the lessee vacated
the premises. For the | 25 | | purposes of this Section, "the date that the lessee vacated the | 26 | | premises" means the date on which the lessee's right to possess |
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| 1 | | and occupy the premises expired, either under provisions of the | 2 | | lease, by court order, or under other applicable law. This | 3 | | Section does not apply to a tenancy at sufferance or when a | 4 | | lease has been terminated for cause by the lessor and the | 5 | | lessee remains in the property beyond the date a court has | 6 | | ordered that possession be restored to the lessor.
| 7 | | Upon a finding by a circuit court that a lessor has refused | 8 | | to supply
the itemized statement required by this Section, or | 9 | | has supplied such statement
in bad faith, and has failed or | 10 | | refused to return the amount of the security
deposit due within | 11 | | the time limits provided, the lessor shall be liable
for an | 12 | | amount equal to twice the amount of the security deposit due, | 13 | | together
with court costs and reasonable attorney's fees.
| 14 | | (Source: P.A. 97-999, eff. 1-1-13.)".
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