Full Text of SB2333 99th General Assembly
SB2333sam003 99TH GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 4/14/2016
| | 09900SB2333sam003 | | LRB099 19011 HEP 47498 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2333
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2333, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Security Deposit Return Act is amended by | 6 | | changing Section 1 as follows:
| 7 | | (765 ILCS 710/1) (from Ch. 80, par. 101)
| 8 | | Sec. 1.
(a) Except as provided in subsection (c), a A | 9 | | lessor of residential real property, containing 5 or more | 10 | | units,
who has received a security deposit from a lessee to | 11 | | secure the payment
of rent or to compensate for damage to the | 12 | | leased property may not
withhold any part of that deposit as | 13 | | compensation for property damage
unless he has, within 30 days | 14 | | of the date that the lessee vacated the
premises, furnished to | 15 | | the lessee, delivered in person, by mail
directed to his last | 16 | | known address, or by electronic mail to a verified electronic |
| | | 09900SB2333sam003 | - 2 - | LRB099 19011 HEP 47498 a |
|
| 1 | | mail address provided by the lessee, an itemized statement of | 2 | | the damage
allegedly caused to the premises and the estimated | 3 | | or actual cost for
repairing or replacing each item on that | 4 | | statement, attaching the paid
receipts, or copies thereof, for | 5 | | the repair or replacement.
If the lessor utilizes his or her | 6 | | own labor to repair any damage caused
by the lessee, the lessor | 7 | | may include the reasonable cost of his or her
labor to repair | 8 | | such damage. If estimated
cost is given, the lessor shall | 9 | | furnish the lessee with paid receipts,
or copies thereof, | 10 | | within 30 days from the date the statement showing
estimated | 11 | | cost was furnished to the lessee, as required by this Section. | 12 | | If no such statement and receipts, or copies thereof, are | 13 | | furnished to
the lessee as required by this Section, the lessor | 14 | | shall return the
security deposit in full within 45 days of the | 15 | | date that the lessee vacated
the premises. | 16 | | (b) As used in subsection (a), "the date that the lessee | 17 | | vacated the premises" means the date on which the lessee's | 18 | | right to possess and occupy the premises expired, either under | 19 | | provisions of the lease, by court order, or under other | 20 | | applicable law. | 21 | | (c) If a lessee occupies a property beyond the date the | 22 | | lessee's right to possess and occupy the property expires: | 23 | | (1) The lessee shall provide the lessor written notice | 24 | | that the leased property has been vacated, delivered in | 25 | | person, by United States mail directed to the address rent | 26 | | payments are delivered, or by electronic mail to a verified |
| | | 09900SB2333sam003 | - 3 - | LRB099 19011 HEP 47498 a |
|
| 1 | | electronic mail address provided by the lessor. | 2 | | (2) The time frames in subsection (a) begin upon the | 3 | | lessor's receipt of the written notice from the lessee, | 4 | | except that the time within which the lessor must supply | 5 | | the lessee an itemized statement of actual costs or | 6 | | estimates to repair or replace damaged property shall be 45 | 7 | | days from the date the lessor receives written notice that | 8 | | the property has been vacated.
| 9 | | (d) Upon a finding by a circuit court that a lessor has | 10 | | refused to supply
the itemized statement required by this | 11 | | Section, or has supplied such statement
in bad faith, and has | 12 | | failed or refused to return the amount of the security
deposit | 13 | | due within the time limits provided, the lessor shall be liable
| 14 | | for an amount equal to twice the amount of the security deposit | 15 | | due, together
with court costs and reasonable attorney's fees.
| 16 | | (Source: P.A. 97-999, eff. 1-1-13.)".
|
|