SECURITY DEPOSIT RETURN ACT

Illinois Compiled Statutes

Chapter 765

Section 710/1

 

Withholding security deposit –  – Statement of damages –  –  Liability of lessor

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.

Section 710/1.1  Transferee liability

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.

 

Section 710/2 Effective date

This Act takes effect January 1, 1974 and applies to leases executed on or after that date.

SECURITY DEPOSITS ON RESIDENTIAL LEASES

 

Section 715/1  Interest to be paid by lessor on security deposits –  –  Rate

A lessor of residential real property, containing 25 or more units, who receives a security deposit from a lessee to secure the payment of rent or compensation for damage to property shall pay interest to the lessee computed from the date of the deposit at a rate of 5% per year on any such deposit held by the lessor for more than 6 months.

 

Section 715/2  Time for payment –  – Penalty for refusal to pay

The lessor shall, within 30 days after the end of each 12 month rental period, pay to the lessee any interest, by cash or credit to be applied to rent due, except when the lessee is in default under the terms of the lease.

A lessor who willfully fails or refuses to pay the interest required by this Act shall, upon a finding by a circuit court that he has willfully failed or refused to pay, be liable for an amount equal to the amount of the security deposit, together with court costs and reasonable attorney’s fees.

 

Section 715/3  Application of Act

This Act does not apply to any deposit made with respect to public housing.

10 Comments
  1. Rachnette Auston

    I’m a section8 voucher holder and I’m having a problem withmy landlord. His has a building that is unsafe to stay in and I want to break my lease with him. What do I do as far as getting him to let me break that lease so I can move.

  2. Lilianmoreno22

    Hello My name is Lilian im having issues with my landlord and i wanted to know how to resolve it. back in march the problems started. the gas line were set to the wrong units i was paying someone elses bill while they were paying my bill. nicor tech came out and informed me of the problem then they tell me the landlord installed a hot water tank that is currently being bill on my account.. yes meaning im paying for the hot water for both units. my services were cut off because of their negligence please help me with this situation. my number is 773 290 7830

  3. Ogirl280

    Hi, I have a husband that’s handicap and we have a no pet policy we have an ESA Dog that is certified and registered in the system as an ESA Dog we also have a doctors letter stating due to my husbands health issues and his handicap he is prescribing an ESA Dog, landlord still says no pets allowed and he’s sick to but you don’t see him with a dog, what Can I do can anyone help thanks

  4. Zouheir

    Hi,

    I am having the following problem with my landlord.

    So after we moved in we requested many times to be fixed and they keep saying next month.

    1) Balcony door doesnt have lock. Anyone can come in from the balcony. ( we have kids )

    2) balcony leaking badly when its raining living room gets coverted to swimming pool video available.

    3) balcony old damaged not balanced so it gets really cold in the winter ( we have baby )

    4) heater wasnt warm enough and they turn it low or up anytime they want to. We have kids!!!!

    5) airconditioning very noisy and fans working only no cold air comes out. My kids sweating while sleeping!!!!!

    6) interphone not working. They refusing to fix.

    7) we are new to the state. When we moved to this apartment they never told us we have to get city sticker for our car. We received a fine.

    8) incase theres anything need to be fixed. They come look at it with a professional maintenance. Then they disappear and never come back. They dont wanna spend any penny.

    One month ago and two before the lease expire, Ive told them if you dont fix it ill place a complaing then they said leave then will fix it. Messages available. They told my wife will raise the rent 100$ we refused then they asked us to leave.

    Worse one year of our life. Worse landlord i have ever met.

    Any help? Thanks.

  5. atkuka

    Is section 715/1 concerning the interest rate accurate? Other sources tell me that the security deposit interest rate in IL was 5% in 1993, but has since dropped to .05%.

  6. Hmarie

    I pay my rent on time every month. I have problems every week. It 23 degrees outside. My heat isn’t working I inform my landlord at 6pm when I figured it out. She text me that someone will be here at 8am 14 hours from the time I told her. There’s a chance for ice and I have two kids . What rights do I have regarding this? This is considered an emergency and she’s not doing her part to take care of it.

  7. Tameka

    There has been a leak in my sons room since our first night in the new place back in August! Roof has just now been some what repaired it’s December and now I think there may be black mold. I just moved here from Ohio and have no clue to my rights or even where to begin to file a complaint. Help!! Please

  8. Steph

    Hi, I have been living in my landlord’s home for about 2 1/2 years. Each Winter the landlord has promised to get heat in the house, yet has never done so. I have sent several communication notices and even face to face communication. He always says he’s trying, yet nothing happens. Tonight it is 17 degrees outside. I have two children and have to keep them in their bedrooms or mine, because that’s where I have space heaters. We cannot use the downstairs of the house. Both bathrooms are so cold!! Also, there is no sewer vents on the roof so the house smells really bad. It’s coming through the sinks and pipes in the bathroom. He refuses to do anything because the only contractor that he will use is booked. He refuses to look elsewhere. Do I have rights? What can I do about this? My children and I are freezing in our own home!

  9. aholm

    My friend is living in a house – rented for several years. He was due for a new lease in Jan, 2017. He’s repeatedly asked the landlord to give him a new lease to sign – no response from the landlord. Now he hears that the landlord is trying to sell the house and maybe wants no lease so he can kick out the renter whenever he wants.
    1. Is there a law that requires the landlord to give a lease?
    2. How much notice is required before a renter can be kicked out?
    Thanks,
    Anthony

  10. lmcjohnson58

    had a fire in building last November, no damage to my unit. contractor landlord hired advised painting of all units, including mines. I was suppose to get a 1-2 week notice when contractor wanted to start, but got a 1 day notice that I had to move all of my belongings out for the painters-but then painters said I did not. now the landlord wants me to move all of my belongings out so they can varnish the floors. I am a female that lives alone and cant afford to pay for relocation of myself and furniture. cant the floors still be varnished if the furniture is moved from side to side?

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