Speaking from the bar

In response to the many questions the office receives this time of year reguarding security deposits, portions of three relevant laws are set forth below;

If this is not an issue at present, you might consider clipping out this column for reference during the summer when the return of your security deposit and/or (where aplicable) interest on your security deposit is due. You might also send a copy of these laws to your landlord if he does not comply with what the law requires. Request him to adhere to the law, keeping a copy of your correspondence for yourself. If the matter is not resolved after a reasonable period of time, consultation with an attorney may be appropriate.

F 1. Illinois Revised Statutes, Chapter 80, Sec. 101.

A lessor of residential real property, containing 10 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 lesee, 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 estimated cost is given, the lessor shall furnish to 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 fees.

2. DeKalb Municipal Ordinances, Chapter 13.03.

A lessor of residential real property who has received a security deposit from a lessee to secure payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compenstaion for property damage unless he has, within 45 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 damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on the statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If estimated cost is given, the lessor shall furnish the lessee with paid receipts or copies thereof, within 45 days from the date of the statement showing the 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. Upon the willful failure of the lessor to comply with this Chapter 13.10, the lessee shall be entitled to initiate a civil action against the lessor. The court or the jury, as the case may be, shall determine the amount of the security deposit withheld. After such determination, the court shall enter a judgment or triple the amount so determined. This remedy shall be in addition to any other remedy at law and shall not be a limitation on any remedy heretofore available to either the lessor or the lessee prior to the adoption of this ordinance.

3. Illinois Revised Status, Chapter 80, Sec. 121_123.

Sec. 1. 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 percent per year on any such deposit held by the lessor for more than 6 months.

Sec.2. 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 fees.

Sec. 3. This act does not apply to any deposit made with respect to public housing.

Donald Henderson

Lynn Richards

NIU Students’ Legal Assistance Office