Cal. Civ. Code § 1

Statement of damage

In Force
Verified 9/18/2026 · Next check 9/25/2026
effective 1/1/2024IllinoisRent Regulation

Operative Text

Cal. Civ. Code § 1
Statement of damage.
(a) Except as provided in subsection (b), a lessor of residential real property
who has received a security deposit from a lessee to secure the payment
of rent or to compensate for damage to the leased premises may not
withhold any part of that deposit as reimbursement for property damage
unless the lessor has, within 30 days of the date that the lessee vacated the
leased premises or within 30 days of the date the lessee's right of possession ends, whichever is later, furnished to the lessee, by personal delivery, by postmarked mail
directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage
allegedly caused to the leased 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 or replace any damage or damaged items caused
by the lessee, the lessor may include the reasonable cost of his or her
labor to repair or replace such damage or damaged items. If estimated
cost is given, the lessor shall furnish to the lessee, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee, 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 a written lease specifies the cost for cleaning, repair, or replacement of any component of the leased premises or any component of the building or common areas that, if damaged, will not be replaced, the lessor may withhold the dollar amount specified in the lease. Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began. The itemized statement shall reference the dollar amount specified in the written lease associated with the specific building component or amenity and include a copy of the applicable portion of the lease. Deductions for costs or values not specified in the lease shall otherwise comply with the requirements of 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, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee. If the lessee fails to provide the lessor with a mailing address or electronic mail address, the lessor shall not be held liable for any damages or penalties as a result of the lessee's failure to provide an address.
(b) If, through no fault of the lessor, the lessor is unable to produce as required in subsection (a) receipts for repairs or replacements, or copies thereof, then the lessor shall produce an itemized list of the cost of repair or replacement, any other evidence the lessor has of the cost, and a verified statement of the lessor or the agent of the lessor detailing the specific reasons why the lessor is unable to produce the required receipts or copies and verifying that the lessor has provided all other evidence the lessor has of the cost.
(c) 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: Legislative text reproduced verbatim
Plain English

Under 765 Ill. Comp. Stat. 710, a residential landlord who holds a security deposit cannot keep any portion of it for property damage unless a specific process is followed after the tenant vacates. The landlord must deliver an itemized damage statement—along with paid receipts or copies—within 30 days of the tenant vacating or losing the right to possession, whichever is later. If that documentation is not provided on time, the full deposit must be returned within 45 days. A landlord found by a court to have wrongfully withheld the deposit or supplied a bad-faith statement can be held liable for twice the amount of the deposit owed, plus court costs and attorney's fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to 765 Ill. Comp. Stat. 710 generally maintain organized records of a unit's condition at move-in and move-out, and track the exact date a tenant vacates or loses the right to possession. Compliant landlords send an itemized damage statement with paid receipts—or a verified explanation if receipts are unavailable—within the 30-day window, using personal delivery, postmarked mail to the tenant's last known address, or verified electronic mail. When a written lease specifies costs for particular repairs or replacements, those amounts may be referenced in the statement, provided they cover damage beyond normal wear and tear and are accompanied by the relevant lease language.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 765 Ill. Comp. Stat. 710, tenants have the right to receive a detailed, itemized damage statement with supporting receipts within 30 days of vacating, and to receive their full deposit back within 45 days if that documentation is never provided. If a landlord withholds the deposit without supplying the required statement, or supplies one in bad faith, a circuit court can award the tenant twice the withheld deposit amount plus court costs and reasonable attorney's fees. Tenants who believe this provision has been violated may consider raising it as a defense in small claims court, filing a complaint with a local housing authority, or reaching out to a tenant-rights organization for general guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2024
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