2005 Illinois Code - Chapter 765 Property 765 ILCS 710/ Security Deposit Return Act.
(765 ILCS 710/0.01) (from Ch. 80, par. 100)
Sec. 0.01.
Short title.
This Act may be cited as the
Security Deposit Return Act.
(Source: P.A. 86‑1324.)
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(765 ILCS 710/1) (from Ch. 80, par. 101)
Sec. 1.
A lessor of residential real property, containing 5 or more units,
who has received a security deposit from a lessee to secure the payment
of rent or to compensate for damage to the leased property may not
withhold any part of that deposit as compensation for property damage
unless he has, within 30 days of the date that the lessee vacated the
premises, furnished to the lessee, delivered in person or by mail
directed to his last known address, an itemized statement of the damage
allegedly caused to the premises and the estimated or actual cost for
repairing or replacing each item on that statement, attaching the paid
receipts, or copies thereof, for the repair or replacement.
If the lessor utilizes his or her own labor to repair any damage caused
by the lessee, the lessor may include the reasonable cost of his or her
labor to repair such damage. If estimated
cost is given, the lessor shall furnish the lessee with paid receipts,
or copies thereof, within 30 days from the date the statement showing
estimated cost was furnished to the lessee, as required by this Section.
If no such statement and receipts, or copies thereof, are furnished to
the lessee as required by this Section, the lessor shall return the
security deposit in full within 45 days of the date that the lessee vacated
the premises.
Upon a finding by a circuit court that a lessor has refused to supply
the itemized statement required by this Section, or has supplied such statement
in bad faith, and has failed or refused to return the amount of the security
deposit due within the time limits provided, the lessor shall be liable
for an amount equal to twice the amount of the security deposit due, together
with court costs and reasonable attorney's fees.
(Source: P.A. 86‑1302.)
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(765 ILCS 710/1.1) (from Ch. 80, par. 101.1)
Sec. 1.1.
In the event of a sale, lease, transfer or other direct or indirect
disposition of residential real property, other than to the holder
of a lien interest in such property, by a lessor who has received a security
deposit or prepaid rent from a lessee, the transferee of such property shall
be liable to that lessee for any security deposit, including statutory interest,
or prepaid rent which the lessee has paid to the transferor. Transferor
shall remain jointly and severally liable with the transferee to the lessee
for such security deposit or prepaid rent.
(Source: P.A. 81‑1525.)
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(765 ILCS 710/2) (from Ch. 80, par. 102)
Sec. 2.
This Act takes effect January 1, 1974 and applies to leases executed on
or after that date.
(Source: P. A. 78‑588.)
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