Chicago, Illinois Security Deposit: Which Rule Applies and Your Next Step
The Chicago RLTO requires return of the balance within 45 days after the date the tenant vacates the dwelling unit (MCC § 5-12-080(d)). Illinois law gives 45 days after the date the lessee vacated the premises (765 ILCS 710/1). Calculate below.
State law vs Chicago ordinance
| Rule | Illinois state law | Chicago ordinance |
|---|---|---|
| Return deadline | 45 days after the date the lessee vacated the premises. no itemized statement and receipts furnished within the 30-day window; the full deposit is due. 30 days after the later of the date the lessee vacated the premises or the date the lessee's right of possession ends. lessor deducts for damages; itemized statement of damages with estimated or actual repair costs. | 45 days after the date the tenant vacates the dwelling unit (or within seven days after a 5-12-110(g) termination notice) (MCC § 5-12-080(d)) |
| Interest | 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. | If the landlord holds a security deposit or prepaid rent more than six months, interest accrues from the start of the rental term at the Comptroller rate for the year the agreement was entered, paid within 30 days after each 12-month rental period by cash or rent credit. (MCC §§ 5-12-080(c), 5-12-081) |
| Penalty | 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. | If the landlord fails to comply with § 5-12-080(a)-(e), the tenant is awarded two times the security deposit plus interest at the § 5-12-081 rate, unless a merely deficient interest payment is cured within 14 days after tenant notice (correct interest plus $50 or a written calculation). (MCC § 5-12-080(f)) |
| Itemization | Required; 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 | For damage deductions, the landlord must mail or deliver within 30 days an itemized statement of alleged damages and estimated or actual repair cost, with paid receipts (or a certification if landlord employees did the work) within 30 days of any estimate. (MCC § 5-12-080(d)(2)) |
| Who it covers | See state statute and conditions above | Residential dwelling units in Chicago except the exclusions in § 5-12-020, including owner-occupied premises with six units or fewer (except §§ 5-12-130(j) and 5-12-160), short hotel/rooming stays under 32 days, hospitals/dorms/shelters, employee occupancy conditioned on employment, and co-op proprietary-lease units. |
765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) · Chicago Residential Landlord and Tenant Ordinance (RLTO), Municipal Code of Chicago Ch. 5-12, §5-12-080 (security deposits)
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Details of the return rules
| 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.
Which deadline applies to you
City ordinance: 45 days after the date the tenant vacates the dwelling unit (or within seven days after a 5-12-110(g) termination notice) (MCC § 5-12-080(d)). Applies to: Residential dwelling units in Chicago except the exclusions in § 5-12-020, including owner-occupied premises with six units or fewer (except §§ 5-12-130(j) and 5-12-160), short hotel/rooming stays under 32 days, hospitals/dorms/shelters, employee occupancy conditioned on employment, and co-op proprietary-lease units.
State law: 45 days after the date the lessee vacated the premises. no itemized statement and receipts furnished within the 30-day window; the full deposit is due.; 30 days after the later of the date the lessee vacated the premises or the date the lessee's right of possession ends. lessor deducts for damages; itemized statement of damages with estimated or actual repair costs. (765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act)). These rules have their own conditions and starting events.
Compare both rules for your rental. The calculator above follows state law and does not calculate a separate city date.
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 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 | Official court website Court page check not recorded |
See the Cook County county filing page
Statute says
The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit or within seven days after the date that the tenant provides notice of termination of the rental agreement pursuant to Section 5-12-110(g), return to the tenant the security deposit or any balance thereof and the required interest thereon.
What this means
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.
Source accessed: .
FAQ
Does Chicago set a separate deposit return deadline?
45 days after the date the tenant vacates the dwelling unit (or within seven days after a 5-12-110(g) termination notice) (MCC § 5-12-080(d)). The date calculator on this page follows Illinois law.
What else does the Chicago ordinance require?
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.
Does the ordinance cover my rental?
Residential dwelling units in Chicago except the exclusions in § 5-12-020, including owner-occupied premises with six units or fewer (except §§ 5-12-130(j) and 5-12-160), short hotel/rooming stays under 32 days, hospitals/dorms/shelters, employee occupancy conditioned on employment, and co-op proprietary-lease units.
What's next?
Previous page summary
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.