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91_HB3789 LRB9112427DJtm 1 AN ACT in relation to real property. 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. Withholding security deposit; lessor's 8 liability. A lessor of residential real property, containing 9 5 or more units, who has received a security deposit from a 10 lessee to secure the payment of rent or to compensate for 11 damage to the leased property may not withhold any part of 12 that deposit as compensation for property damage unless he 13 has, within 30 days of the date that the lessee vacated the 14 premises, furnished to the lessee, delivered in person or by 15 mail directed to his last known address, an itemized 16 statement of the damage allegedly caused to the premises and 17 the estimated or actual cost for repairing or replacing each 18 item on that statement, attaching the paid receipts, or 19 copies thereof, for the repair or replacement. If the lessor 20 utilizes his or her own labor to repair any damage caused by 21 the lessee, the lessor may include the reasonable cost of his 22 or her labor to repair such damage. If estimated cost is 23 given, the lessor shall furnish the lessee with paid 24 receipts, or copies thereof, within 30 days from the date the 25 statement showing estimated cost was furnished to the lessee, 26 as required by this Section. If no such statement and 27 receipts, or copies thereof, are furnished to the lessee as 28 required by this Section, the lessor shall return the 29 security deposit in full within 45 days of the date that the 30 lessee vacated the premises. 31 Upon a finding by a circuit court that a lessor has -2- LRB9112427DJtm 1 refused to supply the itemized statement required by this 2 Section, or has supplied such statement in bad faith, and has 3 failed or refused to return the amount of the security 4 deposit due within the time limits provided, the lessor shall 5 be liable for an amount equal to twice the amount of the 6 security deposit due, together with court costs and 7 reasonable attorney's fees. 8 (Source: P.A. 86-1302.)