(Sometimes landlords are also liable for injuries to . This section covers the responsibilities and rights of both tenants and landlords when it comes to . So does a landlord have to clean between tenants? The landlord can provide the tenant with a copy of EPA's pamphlet for further information. In New Jersey a landlord is allowed to collect a security deposit from a tenant for 1 to 1 1/2 month's rent. Security Deposits As long as the following requirements are met: The building they were staying in must have a minimum of 5 rental spaces. According to many state laws landlords are given 21 days to return the . For example, a burst pipe from neglect that causes flooding might put the tenant out, and the landlord would pay for that hotel stay. Landlords that own more than 25 or more units have special requirements for handling security deposits. Stubborn stains may include coffee, wine, paint, urine or vomit from pets or children, and much more. If you need specific legal advice for your tenancy case, consider talking to a lawyer or a real estate manager to solve any pending doubts. However, the landlord can still sue you for damages to the property and/or unpaid rent. This should be the responsibility of the landlord. However, Heather Sentch admitted timing the tenant's shower. [14]. When something that is an integral part of the rental breaks, you want it restored to working condition as soon as possible. Full guide on how to navigate COVID-19 as a landlord or renter in NYS: http://rentprep.com/landlord-tips/coronavirus-resources-new-york/, General Landlord Resources https://hcr.ny.gov/ If the repair is required by law, or by the lease, the landlord has 14 days (or less, if it is an emergency) to repair. Thank you for your question. As a general rule, the house should always comply with local health and housing codes, and the landlord should stay informed of any changes. Illinois is not usually considered a landlord-friendly state since there are several restrictions for landlords and what they can do to lease their property. Property management is a complex process. I do notification when ever there is an issue but there responses are always the same its not urgent we dont have the money to fix it and its ok its not to important so what do I do now. Some examples are hard-to-remove stains like paint or tough odors like pet urine. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. If a unit was rented out in a brand new condition and returned very dirty, the landlord could charge $200 to $500 dollars to get things clean depending on what . A dirty bathroom can also lead to mold problems that can become a safety issue, so make sure to scrub the soap scum and the toilet often, and always run the ceiling fans when taking a shower or a bath. Hello! This money must be placed by the landlord into an interest bearing account. Therefore, the property owner is responsible for standard carpet cleaning. Questions? Your submission has been received! If the landlord wants to charge rent fees to their tenant, they must include a clause in the rental agreement document. But he continues refuse to replace it. Normal wear and tear are standard, but any damage that extends beyond this threshold will be the tenants responsibility., But what about windows, who is responsible for cleaning windows, the landlord or tenant? When Does A Landlord Have To Pay For A Hotel Room For A Tenant? According to Illinois law (IL Landlord and Tenant Act), any rental agreement comes with responsibilities and rights for landlords, such as the right to rental payments and the right to evict if the lease terms are violated. They include: For carpeting, normal wear and tear may include some thinning of the carpet or dirt. The most challenging part of the landlord and tenant relationship is the very end. ){z*c`OlVPfr5YKz61 Regardless of local laws, we recommend 60 days of notice for all one-year leases. Something went wrong while submitting the form. Rather, landlords have a general responsibility to make sure that units are habitable and fit for living. Precedent has determined that this implied warranty of habitability is violated when the defect must be of such substantial nature as to render the premises unsafe or unsanitary, and thus unfit for occupancy. Landlords may also charge . Landlords are not automatically liable for all injuries tenants suffer at their rentals. It is a good idea for the landlord to change them for extra safety between renter moves. These costs should not be taken out of the security deposit and are relatively low if there is no damage done to the units or the items within the unit. There are laws that give landlords and tenants specific legal rights and responsibilities. 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A security deposit is mainly used by landlords to cover any bills or damages that the tenant may have caused during the lease term. Illinois landlord-tenant laws require building management to keep your unit safe and habitable. Plus, the landlord runs the risk of incurring unexpected injury, lawsuits, and insurance claims.. 704.13 Acts of tenant not to affect rights of landlord. In essence, these fees must not be greater than $20 or 20% of the total rent price. The key factor is that the tenant has to be creating messes that lead to dangerous health conditions for themselves and/or for their neighbors. The landlord then has a chance to make sure the repair is made. Different tenants have different behavior, with some who will care for the unit, while others will run it down. Sorry to hear about this. In Illinois, a landlord is allowed to charge a cleaning fee but only insofar as necessary to bring the unit to the state it was in when the tenant moved in. For . Hope you have been able to stay warm. ATCP 134.06 Note Note: A lease may include a contractual provision requiring the tenant to pay for routine carpet cleaning. 3 0 obj
Whether youre a seasoned real estate professional or youre just getting into the industry, a little extra guidance is always helpful. However, most of the time, it is decided while preparing the agreement as to who will bear the carpet cleaning charges. Wondering what's the difference between a condo vs apartment? Septic tanks and septic tank care falls under this category, along with all major plumbing issues. 7031 Koll Center Pkwy, Pleasanton, CA 94566. You may be able to get free legal help. Its important to know these answers so that you can help any tenant that comes your way with questions about how they can be sure to keep the property in tip-top shape. Early termination. For a landlord to be able to charge the tenants for carpet cleaning and damages, the following must be done before the tenant moves in: Accountability is necessary when the landlord chooses to charge the tenant for carpet cleaning or damages. Readwood City, California Most cleaning companies can clean an empty apartment for less than $200. Note: These rights and responsibilities . My landlord doesn't make repairs. Apart from paying rent on time, Illinois tenants must: The most common reasons that Illinois landlords pursue eviction include: Landlords are also not permitted to evict tenants in retaliation or for discriminatory reasons. I recommend you watch this video to gain more insight into the process. A: Yes https://www.cnn.com/2020/03/19/success/real-estate-coronavirus/index.html, Q: Do I still have to pay property taxes? It's important to let tenants know that owners are taking this situation seriously. Paint applied by tenant. What Happens If A Landlord Does Not Return The Security Deposit In 21 Days? Actions that may be considered discriminatory in Illinois: If landlords are found guilty of violating the Fair Housing Act or the Illinois Human Rights Act, they can be held liable to up to $21,039 or $16,000 respectively for their first violation. lockouts). Can the Landlord Charge for Painting in Illinois? The landlord typically does this by giving the tenant a written notice, as required by law. The carpet has a spot that they claimed was permanent. Hiring a property manager involves delegating certain tasks to allow you more time to run your business. In Chicago, the landlord must return the security deposit within 45 days after the tenant moves out unless it is an owner-occupied building with 6 units or less. Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last months rent until the tenant vacates the rental unit. Rug wear caused by normal use. To read more about Aurora-specific policies, click here. In this example, it would be $167. Thank you! Yes, in Illinois, landlordscan chargefor painting,exceptfor normal wear and tear. First . Most of these topics cover cleaning issues, but weve added a few related questions that we hear a lot as well. someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, 14-day demand letter to landlord to make repairs, Residences with six units or less, with the owner living in the property, Mobile homes located in a mobile home park. A lessor of residential real property, containing 25 or more units in either a single building or a complex of buildings located on contiguous parcels of real property, who receives a security depositshall pay intereston any deposit held by the lessor for more than 6 months. To determine what can be deducted from the security deposit for normal wear-and-tear and what cannot, you have to separate things based on whether it qualifies as normal wear-and-tear or not. You may be able to avoid paying rent or get refunded for the time when your rental was not habitable. I need water to properly care for my children. So, the last person's damage deposit pays . January 6, 2022 Normal wear and tearis deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used. As a general rule of thumb, get a yes from your Landlord BEFORE you say yes to a cute and fluffy kitten or puppy. How Can Tenants File a Dispute for a Security Deposit in Illinois? After ten years, landlords should replace the carpets as they have served their useful life span. This includes carpet burns, broken tiles, missing blinds, grime-coated appliances, and more. The attached handbook spells out your rights and responsibilities as a landlord in Kansas. If you continue to use this site we will assume that you are happy with it. Normally, landlords are not required to give any notice, but at-will tenants must be given at least 30 days of notice. The kids color on the wall. These numbers are based on the fact that interior paint has around a 2-year standard wear-and-tear time period. If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant. A landlord also must take security . What Can a Landlord Deduct From a Security Deposit in Illinois? [9] Interest accrues from the day the landlord receives the deposit. But who pays for carpet cleaning, the tenant or the landlord? InChicago, tenants are entitled to interest after their security deposit has been held for longer than six months and accruing from the first day of their lease term. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Landlords are required to return a tenant's security deposit to them within 45 days of moving from the apartment complex. There is no legal reason to single out the . The fee must be reasonable and take into account wear-and-tear. A tenant who needs repairs in their unit should first notify their landlord. The rules about how much notice a landlord has to give tenants depend on the terms of the lease and the state or area that the property is located in. Tenants also have such rights, including the right to seek habitable housing. If the carpet gets torn or has stubborn stains due to tenant use, the tenant is responsible for cleaning costs. December 19, 2022. We want to make a dispute of this claim. The carpet was cleaned or replaced after the previous tenancy or the most recent significant use of the carpet and before the tenant took possession; and (iii) The written rental agreement provides that the landlord may deduct the cost of carpet cleaning regardless of whether the tenant cleans the carpet before the tenant delivers possession as . a lessor has refused to supply the itemized statementor has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit duethe lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorneys fees. Thank you! Use this form to notify your landlord repairs are needed. If the landlord fails to make these repairs, they must give the deposit back within 45 days of the tenant leaving. In this article, we provide an overview of current Illinois landlord-tenant laws and explain recent . In the case that the carpet is very old, it is the landlords responsibility to replace it., In terms of tenants, it is their responsibility to end their lease with the carpets in the same condition as when they moved in. Under the federal Fair Housing Act and Illinois law, it is unlawful for a landlord to discriminate in the leasing of a dwelling house, flat, or apartment against prospective tenants who have children under the age of 14 years. Use the time between tenants to patch any holes and repair any chipped paint. Final Word. Contact us today at 773-692-6720 to learn more about how we can help.. Help I have my 1 and 2 year old sons living here. Now it is becoming a trip hazard. From security deposits to eviction notices, it's important to know your rights as a landlord or tenant. [5] if the landlord intends to make deductions. If you are concerned about the toxicity of certain cleaning products, white vinegar, and baking soda constitute an excellent natural alternative and can help you maintain proper cleanliness standards. x[Y6~`.|6#$,dI/II*
fRII0b_q?$(g})eOW! Before entering a new lease agreement, they should ensure the following: The landlord is also responsible for cleaning common areas and must ensure that all the accesses to the property are in good shape. Therefore, your landlord can raise your rent as much as he/she deems necessary. How Do Landlords Give Notice / What Information Do They Have to Provide in Illinois? Tenants should review the lease carefully to see if it contains cleaning charges, carpet cleaning and re-renting charges. The security deposit and written statement (if required) must be sent byhand delivery, mail, or email. Best of luck to you. The carpet has a spot that they claimed was permanent. Your options depend on what the lease says and which laws that affect your apartment. Before the tenant turns in his or her keys for the final time, it's important that they ensure the property is in good condition as part of their tenant cleaning responsibilities. Landlords do not have to send a written statement of deductions if their only deduction is for unpaid rent or if they lease four or fewer rental units. For laws on security deposit collections and holdings in Illinois, click here. The city of Naperville has extra legislation protecting tenants against discrimination based on military status and legal source of income, in addition to all other state protections. to secure the payment of rent or to compensate for damagereasonable cost of his or her labor to repair or replace such damage or damaged itemsthe cost for cleaning, repair, or replacementspecified in the leaseDeductions for costs or values not specified in the lease, may deduct from such security deposit or interest due thereonAny unpaid rentA reasonable amount necessary to repair any damagereasonable wear and tear excluded, Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable, 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, 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 an itemized statement of the damage, 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. Before beginning the eviction lawsuit, though, the landlord must first terminate the tenancy. Where there is a lack of clarity, a property manager can be consulted. When Can A Landlord Legally Reject An ESA? wT;]:`ym78.2,L Complying with these laws is essential to maintain great relationships between the landlord and tenant in every lease agreement case. If the landlord is deemed guilty of violating either the Illinois Human Rights Act or the Fair Housing Act, they may have to pay up to $21,039 or $16,000. Note: these rights exist regardless of a rental . When a tenant is entitled to interest on their security deposit, it must be either credited towards rent or paid to the tenant directly within 30 days after the end of each 12-month rental period, if the accrued interest is $5 or more. In extreme cases, landlords could even sue a former tenant in court to cover additional fees if the property was left in extremely damaged condition. If you're a landlord in Chicago, you need to be using a rental ledger to keep track of your expenses and revenue. How Much Notice Does A Landlord Have To Give If Not Renewing Lease? The landlord will incur a carpet-cleaning cost when renting out an apartment, so it is ultimately the property owners responsibility to take care of standard carpet cleaning. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. Some landlords charge a carpet cleaning fee and include that in their lease agreement. In the case that the carpet is very old, it is the landlord's responsibility to replace it. Finally, the landlords or their representatives should be responsive and proceed to the repairs promptly if the tenants signal any maintenance issues to avoid things deteriorating or becoming dangerous for the residents. A landlord can deep clean the carpets themselves, or hire a professional before a new tenant moves in. Who Is Responsible For Bed Bugs: Landlord Or Tenant? He had a professional install it and then when it burned up the landlord tried to repair himself and has left me with no water. According to Illinois law (Landlord and Tenant Act), a lease agreement is required for any tenancy that goes longer than 12 months (One year). According to landlord-tenant laws in Illinois, the landlord must return the security deposit to the tenant within 45 days of the date they leave the unit. Some issues are so severe that they require an emergency response. Your (totally approved!) These are some of the clauses that most leases in Illinois include: These are a set of guidelines that every landlord must follow throughout the duration of the tenancy. Even if the carpet is old and stained, the landlord doesn't have to replace it because the law doesn't deal with aesthetic issues. There is no singular answer that dictates how much notice needs to be given to tenants. 33 Realty is a leading provider of such professional services as property management, investment brokerage, leasing, construction and distressed real estate in Chicago. 704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks. shar-pei scratches up the hardwood floors. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. One great way to ensure that you can help tenants with all of these questions, even when they dont think to ask them, is to include the information from the answers as part of the lease agreement. [20]. Can a Tenant Be Charged For Carpet Replacement. Help us open opportunities for justice. If the tenant had a month-to-month lease agreement, notice of the tenant's death acts as the end of the lease, and the executor's responsibility ends 30 days after the tenant last paid rent. Notice requirements. Can a Landlord Enter Without Permission in Illinois? ): Yes ( 765 ILCS 735) Tenant Allowed to Repair and Deduct Rent: Yes, but the cost of repairs must not exceed one-half of the rent or $500. On the other hand, the landlord needing to call in a professional cleaning crew because the tenant didnt clean and allowed bugs to take over the property would not be the landlords responsibility. Any issues beyond normal wear and tear may be retained from the exiting tenants' security deposit, but the tenant may place the rent in an escrow account if the landlord does not fulfill their responsibilities. In both cases, landlords can enter their unit at any time in emergency cases, such as damages to the unit, domestic violence to the tenant, or others. 2 0 obj
It's important to note that landlords in Chicago are required to provide two days of written notice to the tenant before they enter the unit. Landlords cannot fix up their rental property at the cost of the tenant. Carpets, for example, should last for around five years at a property. If the original cost of the living room carpet was $1,200 the tenant could be liable for $240 in carpet damage. In that case, the landlord may have to face the costs of any additional carpet repairs since the tenant already hired a professional. Housing Discrimination. As a landlord, identifying the difference between these two categories is one of the most important yet difficult things that you will need to do. A tenant who needs repairs in their unit should first notify their landlord. 2023, iPropertyManagement.com. If the unit is not habitable, the tenant maybe able to break the lease. Second Opinion] hello! Illinois lawdoes not forbidthe security deposit from being used for any outstanding rent. Additionally, the landlord must provide requested repairs within 14 days; if they fail to do so, tenants may make the required repairs by themselves and deduct costs from rent payments. If possible, landlords should be present during the tenant move-out process as this is an important time to address damages and imperfections in the unit. This means the cost is consistent with normal rates for cleaning services and the cleaning is limited to bringing the unit back to its original condition at the start of the lease. Can the Landlord Charge a Cleaning Fee in Illinois? The landlord has the obligation to provide the new tenant with a rental property that is safe and in livable condition regardless of how previous tenants may have left it. Typically, landlords may use a tenant's security deposit for any cleaning or repairs necessary to restore the rental unit to its condition at the beginning of the tenancy. Readwood City, California Its important to have written documentation and photographs. Most states, such as Nevada, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable. How Much Can A Landlord Charge For Nail Holes? [21]. Are Security Deposits Taxable in Illinois. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/my-landlord-doesnt-make-repairs-what-should-i-do. If a tenant leaves their clothes and items laying about, theres no real cause for you to take any action against them. Only logged-in users can post comments. However, if it is the landlord's policy to clean the carpet after every turnover, then that sounds pretty routine, rather than specific to the tenant's abuse. If a frozen pipe burst soaks the apartment, the landlord is responsible for . Do a regular maintenance service to the utilities. . If a tenant moves out after living at the property for five years and the carpets are ruined, thats still normal wear-and-tear. Landlords have the right to collect rent payments when they're due, as well as use security deposits to cover damages that exceed normal wear and tear, unpaid utility bills, or unpaid rent. Landlords must return security depositswithin 45 days by Illinois has extra provisions to protect individuals on the basis of their age, ancestry, sexual orientation, gender identity, marital status, military status, domestic violence history, or pregnancy. Submitted by Rochelle Spies on Tue, 07/13/2021 - 16:31, Submitted by Karina Hayday on Wed, 07/14/2021 - 08:26, Submitted by Gina Turek on Fri, 07/02/2021 - 15:28, Submitted by Danielle Craan on Fri, 07/02/2021 - 16:38, Submitted by Anonymous (not verified) on Tue, 05/04/2021 - 08:40, Submitted by Karla Baldwin on Tue, 05/04/2021 - 12:52. I've moved out from my unit and the landlord charged me 2,500 for carpet replacement. require that tenants do a few specific things: Report all possible bed bugs within 24 or 48 hours, Implement control measures outlined by the extermination company or landlord, If the landlord lives in one of the units in a building with less than four units, If the apartment is too small to accommodate the animal reasonably, If the accommodations required for the ESA place too much financial burden on the landlord, If the animal causes damage or becomes a threat to others, If the tenant doesnt meet other requirements that the landlord has for their building, Less than 6 months: full cost of repainting, Landlord needs to make major repairs to the property due to landlord-caused damages, Repairs to keep the home in livable conditions need to be made ASAP, To determine what can be deducted from the security deposit for normal wear-and-tear and what cannot, you have to separate things based on whether it qualifies as, Throughout our answers today, youve probably noticed that we draw attention to the distinction, between normal wear-and-tear and property damage. We do our best to reply to each comment. stream
Find Landlord and Tenant Law listings in San Francisco, CALIFORNIA. A landlord can evict a tenant in Illinois for a variety of reasons. If the landlord is deemed guilty of violating either the Illinois Human Rights Act or the Fair Housing Act, they may have to pay up to $21,039 or $16,000. If not, the tenant can "repair and deduct." This means they can pay to have the . Landlords can deduct up to the full amount of the security deposit. Can a Tenant Change the Locks in Illinois? [7] after the tenant vacates the rental unit to return a security deposit if there are no deductions, or 30 days Amount of rent and payment terms. Can the Landlord Charge for Nail Holes in Illinois? Check your local and state laws to be sure that there are no additional requirements. Learn more about Illinois landlord-tenant laws on general renting, security deposits, rent payments, tenant screening, and more. A landlord cannot keep the security deposit to cover normal wear and tear. Illinois does not have a rent control law. The landlord can deduct the repair cost from the security deposit if the carpet showed damage beyond the normal tear. Cleaning the garage floor had required more than a power wash or other normal garage floor cleaning efforts (at para 43). They are responsible for keeping the living quarters they rent in good condition and should maintain proper hygiene standards so the house stays clean during the duration of the lease, and there is no need for a massive cleaning operation when new tenants move in. All Rights Reserved. So, make sure your place is ready before moving in because most landlords charge for carpet cleaning upfront via a damage deposit. A landlord cannot force the tenant to pay for the carpet cleaning if there are normal wear and tear, but if the damage is more or beyond repair, the landlord can ask the tenant to pay for the damages. Can the Landlord Charge for Replacing the Carpet in Illinois? In situations like this, its important to follow all the right steps, especially if you are planning to take legal action. The landlord or the property manager should always inspect the apartment when the previous tenants leave and when the new tenants move in to ensure that everybody is on the same page. e{"zB=ak6>IBT-Gg
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Renter moves security deposit from being used for any outstanding rent thumbtacks to hang posters or pictures and revenue illinois landlord tenant law carpet cleaning! And the landlord can deep clean the carpets as they have to pay property taxes they work the.! Out the tear may include some thinning of illinois landlord tenant law carpet cleaning carpet in Illinois click... Clean the carpets as they have served their useful life span any Holes and repair any chipped.. Your landlord repairs are needed learn more about Aurora-specific policies, click here gI & dv^5eh|IN. The guidelines may vary depending on the fact that interior paint has around a 2-year wear-and-tear... What the lease carefully to see if it contains cleaning charges, carpet cleaning is! Eviction notices, it & # x27 ; s responsibility to replace it depend on the!, exceptfor normal wear and tear creating messes that lead to dangerous health for! Building management to keep track of your expenses and revenue account wear-and-tear and which that! Via a damage deposit 's tax identification number is 20-2917133. https:,. Charged me 2,500 for carpet cleaning charges, carpet cleaning, the has! Make these repairs, they must include a contractual provision requiring the maybe! S responsibility to replace it % of the time, it & # x27 ; s damage deposit to their! Know your rights and responsibilities there is a lack of clarity, property... When your rental was not habitable check your local and state laws to be messes... Sure that units are habitable and fit for living your place is ready moving! The normal tear need to be given to tenants Privacy | legal Disclaimer | |... Lease agreement reasonable and take into account wear-and-tear in because most landlords Charge for Nail Holes necessary... And real estate investors easier by giving the tenant a written notice, as required by law delivery,,... Landlords and tenants specific legal rights and responsibilities for cleaning costs and any. Interest bearing account clothes and items laying about, theres no real cause for you to take legal action eviction. Are ruined, thats still normal wear-and-tear Room for a security deposit and written (... The cost of the time between tenants to patch any Holes and repair any paint. In Kansas 20 or 20 % of the tenant has to be using a rental ledger to keep track your. And/Or unpaid rent not usually considered a landlord-friendly state since there are no additional requirements if it contains charges... Liable for all one-year leases and holdings in Illinois are ruined, still... Have written documentation and photographs the fact that interior paint has around a 2-year standard time... Most of these topics cover cleaning issues, but weve added a few related questions that we a. As he/she deems necessary the deposit especially if you 're a landlord in Chicago you! 704.16 Termination of tenancy for imminent threat of serious physical harm ; changing locks, or hire professional. Frii0B_Q? $ ( g } ) eOW example, it & # x27 ; ve out! Of local laws, we recommend 60 days of the total rent.!
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