Illinois Security Deposit: Your Deadline and Next Step
In Illinois, a landlord has 45 days after you move out to return a security deposit or send an itemized list (765 ILCS 710/1). Most states allow 30 days; Illinois is longer.
Last checked 2026-09-23
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Details of the return rules
In Illinois, the landlord must return the deposit within 45 days (no itemized statement and receipts furnished within the 30-day window; the full deposit is due) or 30 days (lessor deducts for damages; itemized statement of damages with estimated or actual repair costs).
| When it applies | Deadline | Starts from |
|---|---|---|
| no itemized statement and receipts furnished within the 30-day window; the full deposit is due | 45 days | the date the lessee vacated the premises |
Illinois return rule: 45 days (no itemized statement and receipts furnished within the 30-day window; the full deposit is due). Check the dates you entered above.
Key facts
| Deadline | 45 days (no itemized statement and receipts furnished within the 30-day window; the full deposit is due); trigger: the date the lessee vacated the premises |
|---|---|
| Additional deadline 2 | 30 days (lessor deducts for damages; itemized statement of damages with estimated or actual repair costs); trigger: the later of the date the lessee vacated the premises or the date the lessee's right of possession ends |
| Penalty formula | If landlord willfully refuses to provide the required itemized statement, or provides it in bad faith, and fails/refuses to timely return the deposit balance due, a court may award the tenant an amount equal to TWICE the security deposit due, plus court costs and reasonable attorney's fees (765 ILCS 710/1-2). Separately, under the Security Deposit Interest Act (765 ILCS 715, applies only to buildings of 25+ units in the same municipality where deposit is held 6+ months), a landlord who willfully fails to pay required interest is liable for an amount equal to the full security deposit, plus court costs and attorney's fees. |
| Bad faith required | Yes |
| Itemization required | Yes |
| Documentation threshold | Applies to residential lessors (765 ILCS 710/1; the former 5-unit threshold was removed by P.A. 103-0224, effective 2024-01-01); statement of damages and estimated/actual repair cost due within 30 days of the later of vacating or the end of the right of possession, with paid receipts (or copies) attached; Chicago's separate local RLTO ordinance additionally requires receipts for deductions over $25 |
| Interest on deposit | Conditional: Under the Security Deposit Interest Act (765 ILCS 715), interest rules apply only to buildings of 25 or more units in the same municipality where the deposit is held 6 or more months. |
| Maximum deposit | No statutory limit |
| Forwarding address required | Yes |
| Small claims limit | $10,000statewide in Circuit Court of Illinois, Small Claims Division (county-level Circuit Court under Illinois Supreme Court Rules 281-289) |
| Statute citation | 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in Illinois?
Illinois law names a specific rule for 4 of 6 common charges (cleaning, carpet replacement, painting and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if this condition is met: 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. | A lessor may withhold a deposit as reimbursement for property damage only with a timely itemized statement. If a written lease specifies the cost for… | 765 ILCS 710/1(a) |
| Carpet replacement | Only if the conditions in the cited rule are met | Deductible as property damage beyond normal wear and tear, with itemized estimated or actual cost and receipts. No statutory useful-life schedule. Lease-specified replacement costs must… | 765 ILCS 710/1(a) |
| Painting | Only if the conditions in the cited rule are met | No painting-specific statute. Deductible only as property damage beyond normal wear and tear, itemized, with receipts. Lease-specified amounts must be for damage beyond normal wear… | 765 ILCS 710/1(a) |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | 765 ILCS 710/1(a) |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) |
| Unpaid rent and fees | Yes | The Security Deposit Return Act addresses withholding 'as reimbursement for property damage' and the itemization/receipts procedure for that withholding. The deposit is received 'to secure… | 765 ILCS 710/1(a) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in Illinois hears claims up to $10,000. You can ask for up to $10,000 there, or file for the full amount in Circuit Court of Illinois, Small Claims Division (county-level Circuit Court under Illinois Supreme Court Rules 281-289). Check the court and fees.
The state record lists a 5-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Cook County | Circuit Court of Cook County - Pro Se Small Claims Court (Municipal Division, First Municipal District); larger claims via Municipal Division Civil/Small Claims Section in the six district courthouses, Chicago (Daley Center, Room 1308) - plus five suburban Municipal District courthouses for claims arising outside Chicago | $3,000 | County filing fee: ~$176-$268 depending on claim amount tier (Pro Se rule); claims from $3,000.01 up to $10,000 use a separate, higher Municipal Division fee schedule - see CCG0603 fee schedule at cookcountyclerkofcourt.org | Yes | Official court website Court page check not recorded |
| DuPage County | 18th Judicial Circuit Court of DuPage County - Small Claims (Civil Division), Wheaton | $10,000 (statewide) | Statewide filing fee: Per DuPage County Filing Fee Book (revised 2026) at dupagecircuitclerk.gov - exact small claims tier amount not independently confirmed, contact clerk to verify | Yes | Official court website Court page check not recorded |
| Lake County | 19th Judicial Circuit Court - Small Claims Division, Waukegan | $10,000 (statewide) | Statewide filing fee: Not confirmed from official source; contact Lake County Circuit Clerk for current small claims fee schedule | Yes | Official court website Court page check not recorded |
See all 103 county small claims courts and filing fees
Illinois security deposit interest rules and calculator
What happens if the landlord misses the deadline?
If landlord willfully refuses to provide the required itemized statement, or provides it in bad faith, and fails/refuses to timely return the deposit balance due, a court may award the tenant an amount equal to TWICE the security deposit due, plus court costs and reasonable attorney's fees (765 ILCS 710/1-2). Separately, under the Security Deposit Interest Act (765 ILCS 715, applies only to buildings of 25+ units in the same municipality where deposit is held 6+ months), a landlord who willfully fails to pay required interest is liable for an amount equal to the full security deposit, plus court costs and attorney's fees. Keep statutory damages separate from the deposit and other actual damages.
Illinois is one of 36 states where the law sets a multiple of the deposit.
With a deposit of $1,322 (median county rent), a claim for the deposit plus the maximum penalty is $3,966; fits under the $10,000 small claims limit.
How does Illinois's deadline compare with other states?
Illinois's return deadline is 45 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Illinois | 45 days |
| District of Columbia | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-09-23 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
Local ordinances
- Chicago: Chicago Residential Landlord and Tenant Ordinance (RLTO), Municipal Code of Chicago Ch. 5-12, §5-12-080 (security deposits)The RLTO requires deposits in a separate Illinois interest-bearing account, a signed receipt, annual interest at the Comptroller's rate if held more than six months, return of the balance plus interest within 45 days after the tenant vacates, and an itemized damage statement within 30 days. Noncompliance generally yields damages of two times the deposit plus interest.
- Evanston: Evanston Residential Landlord and Tenant Ordinance (ERLTO), City Code Title 5, Chapter 3 (amended, effective Jan 1, 2025)As amended effective January 1, 2025, ERLTO caps the deposit at 1.5 months' rent, allows the excess over one month to be paid in up to six installments, requires a separate federally insured Illinois account, and requires return with an itemized statement within 21 days (48 hours if the tenant left for failure of essential services). The 2025 amendments dropped the former city interest mandate.
FAQ
How do I confirm the Illinois deadline?
Use the questions above to match your dates to 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act), and keep proof of each date.
What is the small claims limit in Illinois?
See the applicable court limits and jurisdictions in the state court guide. Illinois court guide
City data on this page currently includes Chicago, Aurora, Naperville, Joliet, Rockford, Elgin, Springfield, Peoria, Champaign, Waukegan, Cicero, Bloomington, Schaumburg, Evanston, Arlington Heights.
Tenant resources
- Illinois Attorney General - Consumer Protection Division (Consumer Fraud Hotlines)ag consumer, Chicago 1-800-386-5438 / Springfield 1-800-243-0618 / Carbondale 1-800-243-0607
- Illinois Legal Aid Online - Tenants' Rights and Rental Housinglegal aid
- Prairie State Legal Serviceslegal aid
- Metropolitan Tenants Organization (Tenants' Rights Hotline)tenant union in Chicago, 773-292-4988
- Law Center for Better Housinglegal aid in Chicago
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
"If no itemized statement and receipts, or copies thereof, are furnished to the lessee as required... 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." Itemized statement: "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." Address: "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."
What this means
Sources
- https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2202&ChapterID=62 · accessed 2026-07-06
- https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2203&ChapterID=62 · accessed 2026-07-06
- https://idfpr.illinois.gov/news/2026/interest-rates-affecting-security-deposit-act.html · accessed 2026-07-06
- https://law.justia.com/codes/illinois/chapter-765/act-765-ilcs-710/ · accessed 2026-09-23
- https://www.ilga.gov/legislation/publicacts/view/103-0224 · accessed 2026-09-23
Changes
- : Record verified against the cited statute.
Verified 2026-09-23 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6