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


Rep. Robert Rita

Filed: 4/27/2017





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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 premises
12property may not withhold any part of that deposit as
13reimbursement compensation for property damage unless the
14lessor he has, within 30 days of the date that the lessee
15vacated the leased premises, furnished to the lessee, by
16personal delivery delivered in person, by postmarked mail



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1directed to his or her last known address, or by electronic
2mail to a verified electronic mail address provided by the
3lessee, an itemized statement of the damage allegedly caused to
4the leased premises and the estimated or actual cost for
5repairing or replacing each item on that statement, attaching
6the paid receipts, or copies thereof, for the repair or
7replacement. If the lessor utilizes his or her own labor to
8repair or replace any damage or damaged items caused by the
9lessee, the lessor may include the reasonable cost of his or
10her labor to repair or replace such damage or damaged items. If
11estimated cost is given, the lessor shall furnish to the
12lessee, delivered in person or by postmarked mail directed to
13the last known address of the lessee or another address
14provided by the lessee, the lessee with paid receipts, or
15copies thereof, within 30 days from the date the statement
16showing estimated cost was furnished to the lessee, as required
17by this Section. If a written lease specifies the cost for
18cleaning, repair, or replacement of any component of the leased
19premises or any component of the building or common areas that,
20if damaged, will not be replaced, the lessor may withhold the
21dollar amount specified in the lease. The itemized statement
22shall reference the dollar amount specified in the written
23lease associated with the specific building component or
24amenity and include a copy of the applicable portion of the
25lease. Deductions for costs or values not specified in the
26lease shall otherwise comply with the requirements of this



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1Section. If no such statement and receipts, or copies thereof,
2are furnished to the lessee as required by this Section, the
3lessor shall return the security deposit in full within 45 days
4of the date that the lessee vacated the premises, delivered in
5person or by postmarked mail directed to the last known address
6of the lessee or another address provided by the lessee. If the
7lessee fails to provide the lessor with a mailing address or
8electronic mail address, the lessor shall not be held liable
9for any damages or penalties as a result of the lessee's
10failure to provide an address.
11    (b) If, through no fault of the lessor, the lessor is
12unable to produce as required in subsection (a) receipts for
13repairs or replacements, or copies thereof, then the lessor
14shall produce an itemized list of the cost of repair or
15replacement, any other evidence the lessor has of the cost, and
16a verified statement of the lessor or the agent of the lessor
17detailing the specific reasons why the lessor is unable to
18produce the required receipts or copies and verifying that the
19lessor has provided all other evidence the lessor has of the
21    (c) Upon a finding by a circuit court that a lessor has
22refused to supply the itemized statement required by this
23Section, or has supplied such statement in bad faith, and has
24failed or refused to return the amount of the security deposit
25due within the time limits provided, the lessor shall be liable
26for an amount equal to twice the amount of the security deposit



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1due, together with court costs and reasonable attorney's fees.
2(Source: P.A. 97-999, eff. 1-1-13.)".