Full Text of HB5314 97th General Assembly
HB5314enr 97TH GENERAL ASSEMBLY |
| | HB5314 Enrolled | | LRB097 16202 AJO 61355 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 , or by | 14 | | mail
directed to his last known address , or by electronic mail | 15 | | to a verified electronic mail address provided by the lessee , | 16 | | an itemized statement of the damage
allegedly caused to the | 17 | | premises and the estimated or actual cost for
repairing or | 18 | | replacing each item on that statement, attaching the paid
| 19 | | receipts, or copies thereof, for the repair or replacement.
If | 20 | | the lessor utilizes his or her own labor to repair any damage | 21 | | caused
by the lessee, the lessor may include the reasonable | 22 | | cost of his or her
labor to repair such damage. If estimated
| 23 | | cost is given, the lessor shall furnish the lessee with paid |
| | | HB5314 Enrolled | - 2 - | LRB097 16202 AJO 61355 b |
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| 1 | | receipts,
or copies thereof, within 30 days from the date the | 2 | | statement showing
estimated cost was furnished to the lessee, | 3 | | as required by this Section.
If no such statement and receipts, | 4 | | or copies thereof, are furnished to
the lessee as required by | 5 | | this Section, the lessor shall return the
security deposit in | 6 | | full within 45 days of the date that the lessee vacated
the | 7 | | premises.
| 8 | | Upon a finding by a circuit court that a lessor has refused | 9 | | to supply
the itemized statement required by this Section, or | 10 | | has supplied such statement
in bad faith, and has failed or | 11 | | refused to return the amount of the security
deposit due within | 12 | | the time limits provided, the lessor shall be liable
for an | 13 | | amount equal to twice the amount of the security deposit due, | 14 | | together
with court costs and reasonable attorney's fees.
| 15 | | (Source: P.A. 86-1302.)
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