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


Rep. Robert Rita

Filed: 3/21/2017





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2    AMENDMENT NO. ______. Amend House Bill 3001 by replacing
3everything after the enacting clause with the following:
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 property may
12not withhold any part of that deposit as compensation for
13property damage unless he has, within 30 days of the date that
14the lessee vacated the premises, furnished to the lessee,
15delivered in person, by postmarked mail directed to his or her
16last known address, or by electronic mail to a verified



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



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1of the date that the lessee vacated the premises, delivered in
2person or by postmarked mail directed to the last known address
3of the lessee or another address provided by the lessee. If the
4lessee fails to provide the lessor with a mailing address or
5electronic mail address, the lessor shall not be held liable
6for any damages or penalties as a result of the lessee's
7failure to provide an address.
8    (b) If, through no fault of the lessor, the lessor is
9unable to produce as required in subsection (a) receipts for
10repairs or replacements, or copies thereof, then the lessor
11shall produce an itemized list of the cost of repair or
12replacement, any other evidence the lessor has of the cost, and
13a verified statement of the lessor or the agent of the lessor
14detailing the specific reasons why the lessor is unable to
15produce the required receipts or copies and verifying that the
16lessor has provided all other evidence the lessor has of the
18    (c) Upon a finding by a circuit court that a lessor has
19refused to supply the itemized statement required by this
20Section, or has supplied such statement in bad faith, and has
21failed or refused to return the amount of the security deposit
22due within the time limits provided, the lessor shall be liable
23for an amount equal to twice the amount of the security deposit
24due, together with court costs and reasonable attorney's fees.
25(Source: P.A. 97-999, eff. 1-1-13.)".