Full Text of HB3001 100th General Assembly
HB3001ham003 100TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 4/26/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3001
| 2 | | AMENDMENT NO. ______. Amend House Bill 3001, AS AMENDED, by | 3 | | 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. Statement of damage. | 9 | | (a) Except as provided in subsection (b), a A lessor of | 10 | | residential real property, containing 5 or more units,
who has | 11 | | received a security deposit from a lessee to secure the payment
| 12 | | of rent or to compensate for damage to the leased premises | 13 | | property may not
withhold any part of that deposit as | 14 | | reimbursement compensation for property damage
unless the | 15 | | lessor he has, within 30 days of the date that the lessee | 16 | | vacated the
leased premises, furnished to the lessee, at the |
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| 1 | | lessor's option,
by personal delivery delivered in person , by | 2 | | postmarked mail
directed to the leased
premises or a forwarding | 3 | | his last known address, or by electronic mail to a verified | 4 | | electronic mail address provided by the lessee, an itemized | 5 | | statement of the damage
allegedly caused to the leased | 6 | | premises . The itemized statement may include and the estimated | 7 | | or actual cost for
repairing or replacing each item on the | 8 | | itemized that statement . The lessor may include, with the | 9 | | itemized statement , attaching the paid
receipts , or copies | 10 | | thereof, for the repair or replacement of the items on the | 11 | | itemized statement .
If the lessor utilizes his or her own labor | 12 | | to repair or replace any damaged items on the itemized | 13 | | statement damage caused
by the lessee, the lessor may include | 14 | | the reasonable cost of his or her
labor to repair or replace | 15 | | any such damaged items damage . If estimated
cost is given, the | 16 | | lessor shall furnish to the lessee, at the lessor's option, | 17 | | either by personal delivery or by postmarked mail directed to | 18 | | the leased premises or to a forwarding address provided by the | 19 | | lessee, the lessee with paid receipts,
or copies thereof, | 20 | | within 30 days from the date the statement showing
estimated | 21 | | cost was furnished to the lessee, as required by this Section. | 22 | | If a written lease specifies the cost for cleaning, repair, or | 23 | | replacement of any component of the leased premises, or any | 24 | | component of the building or of any of the common areas of | 25 | | which the leased premises are a part, if damaged by the lessee, | 26 | | the lessor may withhold from the lessee's security deposit the |
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| 1 | | dollar amount specified in the lease for each damaged item. The | 2 | | itemized statement shall reference the dollar amount specified | 3 | | in the written lease associated with the specific component of | 4 | | the leased premises or the building component and include a | 5 | | copy of the applicable portion of the lease. Deductions for | 6 | | costs or values not specified in the lease shall otherwise | 7 | | comply with the requirements of this Section.
If no such | 8 | | statement and receipts, or copies thereof, are furnished to
the | 9 | | lessee as required by this Section, at the discretion of the | 10 | | trier of fact the lessor shall return the
security deposit in | 11 | | full within 45 days of the date that the lessee vacated
the | 12 | | premises , delivered in person or by postmarked mail directed to | 13 | | the last known address of the lessee or another address | 14 | | provided by the lessee. Though any information the lessor is
| 15 | | required to provide the lessee may be mailed, at the lessor's | 16 | | option, to the leased premises,
if the lessee fails to provide | 17 | | the lessor with a mailing address or electronic mail address, | 18 | | the lessor shall not be held liable for any damages or | 19 | | penalties as a result of the lessee's failure to provide an | 20 | | address .
| 21 | | (b) If, through no fault of the lessor, the lessor is | 22 | | unable to produce as required in subsection (a) receipts for | 23 | | repairs or replacements, or copies thereof, then the lessor | 24 | | shall include with the itemized statement required in | 25 | | subsection (a), any other evidence the lessor has of the costs | 26 | | of repairs or replacements
in the itemized statement, and a |
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| 1 | | verified statement of the lessor or the agent of the lessor | 2 | | detailing the specific reasons why the lessor is unable to | 3 | | produce the required receipts or copies and verifying that the | 4 | | lessor has provided all other evidence the lessor has of the | 5 | | costs of repairs or replacements in the itemized statement. | 6 | | (c) Upon a finding by a circuit court that a lessor has | 7 | | willfully refused to supply
the itemized statement required by | 8 | | this Section, or has supplied such statement
in bad faith, and | 9 | | has therefore failed or refused to return the amount of the | 10 | | security
deposit due within the time limits provided, the | 11 | | lessor shall be liable
for an amount equal to twice the amount | 12 | | of the security deposit due, together
with court costs and | 13 | | reasonable attorney's fees. Absent a finding as required
by | 14 | | this subsection (c), the lessee is entitled to recover only the | 15 | | full amount of his or her
security deposit.
This Section | 16 | | applies to all violations of this Section of which the lessee | 17 | | knew
or should reasonably have known.
This Act is intended to | 18 | | be a statutory penalty.
| 19 | | (Source: P.A. 97-999, eff. 1-1-13.)".
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