(765 ILCS 745/18) (from Ch. 80, par. 218)
Sec. 18. Security deposit; Interest.
(a) If the lease requires
the tenant to provide
any deposit with the park owner for the term of the lease, or any part thereof,
said deposit shall be considered a Security Deposit. Security Deposits
shall be returned in full to the tenant, provided that the tenant has paid
all rent due in full for the term of the lease and has caused no actual
damage to the premises.
The park owner shall furnish the tenant, within 15 days after termination
or expiration of the lease, an itemized list of the damages incurred upon
the premises and the estimated cost for the repair of each item.
The tenant's failure to object to the itemized list within 15 days shall
constitute an agreement upon the amount of damages specified therein. The
park owner's failure to furnish such itemized list of damages shall constitute
an agreement that no damages have been incurred
upon the premises and the entire security deposit shall become immediately
due and owing to the tenant.
The tenant's failure to furnish the park owner a forwarding address shall
excuse the park owner from furnishing the list required by this Section.
(b) A park owner of any park regularly containing 25 or more mobile
homes shall pay interest to
the tenant, on any deposit held by the park owner, computed from the date
of the deposit
at a rate equal to the interest paid by the largest commercial bank,
as measured by total assets, having its main banking premises in this State
on minimum deposit passbook savings accounts as of December 31 of the preceding
year on any such deposit held by the
park owner for more than 6 months.
However, in the event that any portion of the amount deposited is
utilized during the period for which it is deposited in order to compensate
the owner for non-payment of rent or to make a good faith reimbursement to
the owner for damage caused by the tenant, the principal on which the
interest accrues may be recomputed to reflect the reduction for the period
commencing on the first day of the calendar month following the reduction.
The park owner shall, within 30 days after the end of
each 12-month period, pay to the tenant any interest owed under this
Section in cash, provided, however, that the amount owed may be applied to
rent due if the owner and tenant agree thereto.
A park owner who willfully fails or refuses to pay the interest required
by this Act shall, upon a finding by a circuit court that he willfully
failed or refused to pay, be liable for an amount equal to the amount of
the security deposit, together with court costs and a reasonable attorney's
fee. (c) A park owner, as landlord, shall hold in trust all security deposits received from a tenant in one or more banks, savings banks, or credit unions, the accounts of which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration Share Insurance Fund, or other applicable entity under law. A security deposit and the interest due under subsection (b) of this Section is the property of the tenant until the deposit is returned to the tenant or used to compensate, or applied to the tenant's obligations to, the park owner, as landlord, in accordance with the lease or applicable State and local law. The security deposit shall not be commingled with the assets of the park owner, and shall not be subject to the claims of any creditor of the park owner or any party claiming an interest in the deposit through the park owner, including a foreclosing mortgagee or trustee in bankruptcy; provided that this subsection does not prevent a foreclosing mortgagee, receiver, or trustee from taking over control of the applicable bank account holding the security deposits, which may include moving the security deposits to another bank account meeting the requirements of this Section, provided that the mortgagee, receiver, or trustee: (1) shall continue to hold the security deposits in |