Evanston, Illinois Security Deposit: Which Rule Applies and Your Next Step
The Evanston ordinance requires return within 21 days after the tenant has vacated the dwelling unit (Evanston Code § 5-3-5-1); Illinois law allows 45 days (765 ILCS 710/1). The ordinance applies to rental agreements for dwelling units in Evanston. The date below follows Illinois law.
State law vs Evanston ordinance
| Rule | Illinois state law | Evanston 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. | 21 days after the tenant has vacated the dwelling unit (48 hours after a 5-3-7-4(A)(1) essential-services termination) (Evanston Code § 5-3-5-1) |
| Deposit cap | No statutory limit | Housing provider may not demand or receive security or prepaid rent, or any combination, exceeding 1.5 months' rent (first month's rent due in advance is not counted). If the amount exceeds one month but not 1.5 months, the tenant may pay the excess in no more than six equal installments within six months. (Evanston Code § 5-3-5-1) |
| 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 housing provider fails to comply with the 21-day return and itemization duty, the tenant may recover the property and money due together with damages equal to twice the amount wrongfully withheld and reasonable attorney fees. (Evanston Code § 5-3-5-1(D)) |
| 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 | Upon termination, amounts applied to accrued rent or damage from tenant noncompliance with § 5-3-4-1 must be itemized in a written notice delivered with any remaining balance within 21 days after the tenant vacates. (Evanston Code § 5-3-5-1(B)) |
| Who it covers | See state statute and conditions above | Rental agreements for dwelling units in Evanston, except educational, religious, medical/geriatric, licensed shared housing, hotel/motel transient, co-op shareholder occupancy, and contract-of-sale occupancy (§ 5-3-1(D)(2)). |
765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) · Evanston Residential Landlord and Tenant Ordinance (ERLTO), City Code Title 5, Chapter 3 (amended, effective Jan 1, 2025)
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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: 21 days after the tenant has vacated the dwelling unit (48 hours after a 5-3-7-4(A)(1) essential-services termination) (Evanston Code § 5-3-5-1). Applies to: Rental agreements for dwelling units in Evanston, except educational, religious, medical/geriatric, licensed shared housing, hotel/motel transient, co-op shareholder occupancy, and contract-of-sale occupancy (§ 5-3-1(D)(2)).
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
Upon termination of the tenancy, property or money held by the housing provider as security or prepaid rent may be applied to the payment of accrued rent and the amount of damages which the housing provider has suffered by reason of the tenant's noncompliance with section 5-3-4-1, all as itemized by the housing provider in a written notice delivered to the tenant together with the amount due twenty one (21) days after tenant has vacated the dwelling unit.
What this means
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.
Source accessed: .
FAQ
Does Evanston set a separate deposit return deadline?
21 days after the tenant has vacated the dwelling unit (48 hours after a 5-3-7-4(A)(1) essential-services termination) (Evanston Code § 5-3-5-1). The date calculator on this page follows Illinois law.
What else does the Evanston ordinance require?
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.
Does the ordinance cover my rental?
Rental agreements for dwelling units in Evanston, except educational, religious, medical/geriatric, licensed shared housing, hotel/motel transient, co-op shareholder occupancy, and contract-of-sale occupancy (§ 5-3-1(D)(2)).
What's next?
Previous page summary
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.