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Posted about 1 year ago

New Tenant/ Landlord Law in Illinois- Common Sense or Overreach?

The new Illinois law further protects tenants’ rights at exit and their security deposit.

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Per the article, the new law would require- A written declaration of damages must be given to tenants by landlords within 30 days of their departure, according to a new Illinois rule. This statement should detail any damages to the property that the landlord believes the tenant is responsible for. This provision is in place to promote fairness and transparency in the estimation and deduction of repair expenses from the renter’s security deposit. The law further provides that the landlord shall not be entitled to retain any portion of the tenant's security deposit to pay for repairs if the written statement is not provided within the time period indicated.

https://original.newsbreak.com/@daily-planet-365-1725693/3087076921343-property-owners-update-a-deep-dive-into-illinois-new-regulations-for-2023

So is this overreach?

I am mixed as a landlord. I hear horror stories from tenants about prior landlords who seemingly plan to keep the security deposits regardless of condition.

I have always told new tenants that I do not want their security deposit and want to return it. That implies that they gave me adequate notice, the place is clean as when they moved in and we have the terms, obligations set out in the lease. It is ready to re-rent.

I am concerned about giving tenants who haven’t taken care of the unit to run through a punch list of repairs that are beyond their ability.

Is this overreach? Tenants have choices. If they choose to sign a lease, they should abide by that agreement. Should the government be allowed to step into the private sector business this way? There is no landlord monopoly here. Is this just the start of wide-sweeping hoops for landlords to jump through? Will this lead to more investment in landlord-friendly markets and less in tenant-friendly markets?

Seemingly more and more large apartment syndicators are working in high-growth, landlord-friendly markets.


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