Illinois Security Deposit Demand Letter
Direct answer
In Illinois, the landlord must return the deposit within 45 days (buildings of 5 or more units; full return when no itemized statement furnished) or 30 days (buildings of 5 or more units; itemization when deductions claimed). The deadline is measured from this trigger: 45 days (buildings of 5 or more units; full return when no itemized statement furnished): Tenant vacates the premises; 30 days (buildings of 5 or more units; itemization when deductions claimed): Tenant vacates the premises. The verified state formula is 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..
Key facts
| Deadline | 45 days (buildings of 5 or more units; full return when no itemized statement furnished); trigger: Tenant vacates the premises |
|---|---|
| Deadline (branch 2) | 30 days (buildings of 5 or more units; itemization when deductions claimed); trigger: Tenant vacates the premises |
| 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 buildings with 5 or more units (765 ILCS 710/1); statement of damages and estimated/actual repair cost due within 30 days of tenant vacating, 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 | No |
| 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) |
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."
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Illinois is $1,322 according to US Census Bureau, American Community Survey 1-Year Estimates, Table B25064 (Median Gross Rent) data as of .
- Chicago-Naperville-Elgin, IL-IN Metro Area: $1,469
- Peoria, IL Metro Area: $1,003
- Springfield, IL Metro Area: $1,047
- Rockford, IL Metro Area: $1,014
- Champaign-Urbana, IL Metro Area: $1,103
Example demand basis: a deposit equal to the state median rent starts at $1,322 before applying the state 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..
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 | ~$176-$268 depending on claim amount tier (Pro Se Branch); 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 | Court site |
| DuPage County | 18th Judicial Circuit Court of DuPage County - Small Claims (Civil Division), Wheaton | $10,000 (statewide) | Per DuPage County Filing Fee Book (revised 2026) at dupagecircuitclerk.gov - exact small claims tier amount not independently confirmed, contact clerk to verify | Yes | Court site |
| Lake County | 19th Judicial Circuit Court - Small Claims Division, Waukegan | $10,000 (statewide) | Not confirmed from official source; contact Lake County Circuit Clerk for current small claims fee schedule | Yes | Court site |
| Will County | 12th Judicial Circuit Court - Circuit Clerk of Will County, Small Claims, Joliet | $10,000 (statewide) | $149 ($0.01-$250) / $174 ($250.01-$1,000) / $184 ($1,000.01-$2,500) / $234 ($2,500.01-$5,000) / $284 ($5,000.01-$10,000) | Yes | Court site |
| Kane County | 16th Judicial Circuit Court - Kane County Circuit Clerk, Small Claims (Local Rule Article 9), St. Charles (Kane County Judicial Center) | $10,000 (statewide) | Base tiers ~$35 (up to $1,000) / $45 ($1,000.01-$5,000) / $65 (over $5,000), plus separate jury-demand fees ($12.50 six-person / $25 twelve-person) per Fee Schedule eff. 12/31/2025 at cic.countyofkane.org | Yes | Court site |
| McHenry County | 22nd Judicial Circuit Court - McHenry County Circuit Clerk, Small Claims, Woodstock (Michael J. Sullivan Judicial Center) | $10,000 (statewide) | $89 for claims up to $2,500; $264 for claims $2,500.01-$10,000 (plus ~$27.58/defendant if certified-mail service via clerk) | Yes | Court site |
| Winnebago County | 17th Judicial Circuit Court - Winnebago County Circuit Clerk, Small Claims, Rockford | $10,000 (statewide) | Not confirmed from official source; see Filing Fees page at circuitclerk.wincoil.gov or contact clerk directly | Yes | Court site |
| Madison County | 3rd Judicial Circuit Court - Madison County Circuit Clerk, Small Claims Court, Edwardsville | $10,000 (statewide) | Not confirmed from official source; a fee book PDF exists on the county site but exact small claims tier not verified | Not verified | Court site |
| St. Clair County | 20th Judicial Circuit Court - St. Clair County Circuit Clerk, Small Claims (SC case type), Belleville | $2,500 | Per Circuit Clerk Fee Schedule (co.st-clair.il.us); jury-demand fee $12.50 (six-person)/$25 (twelve-person); base filing tier not independently confirmed - verify with clerk; note the $2,500 figure may reflect an older/local case-type split rather than the current statewide $10,000 cap | Not verified | Court site |
| Champaign County | 6th Judicial Circuit Court - Champaign County Circuit Clerk, Small Claims, Urbana | $10,000 (statewide) | Per 2022 Civil Fee Schedule PDF at champaigncircuitclerk.org - exact small claims tier amount not independently confirmed | Not verified | Court site |
| Sangamon County | 7th Judicial Circuit Court - Sangamon County Circuit Clerk, Small Claims, Springfield | $10,000 (statewide) | Not confirmed from official source; a Filing Fees 2019 PDF exists on the site but current amount not independently verified - contact clerk at 217-753-6674 | Not verified | Court site |
| Peoria County | 10th Judicial Circuit Court - Peoria County, Small Claims, Peoria | $10,000 (statewide) | Only published schedule found was effective 2016 (~$5 base for claims up to $5,000), almost certainly outdated/incomplete - do not rely on this figure, confirm current fee directly with the Peoria County Circuit Clerk | Not verified | Court site |
Free Illinois template, built from verified state data
I am requesting the return of my security deposit. The verified Illinois data for this page lists a 45 days (buildings of 5 or more units; full return when no itemized statement furnished) or 30 days (buildings of 5 or more units; itemization when deductions claimed) return window and cites 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act).
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
Local ordinances
FAQ
Does Chicago have its own security deposit law?
Yes. Chicago Residential Landlord and Tenant Ordinance (RLTO), Municipal Code of Chicago Ch. 5-12, §5-12-080 (security deposits) is listed in the city ordinance data for Chicago.
Does Aurora have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Illinois law and local rules.
Does Naperville have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Illinois law and local rules.
Does Joliet have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Illinois law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
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