Illinois Security Deposit Law: How Many Days and What to Do
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
Calculate your deadline and next letter
Your free letter
Get a DOCX letter with the dates and amount you entered.
Already sent a letter? Tell us if it worked
Details of the return rules
In Illinois, a landlord has 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) to return a security deposit.
| 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 |
| Statute citation | 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) |
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
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. The statutory amount depends on the facts and any conditions in 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act); it is separate from the deposit owed.
Illinois is one of 36 states where the law sets a multiple of the deposit.
| Rule | States | Share |
|---|---|---|
| The law sets a multiple of the deposit ← Illinois | 36 | 71% |
| The law names another remedy (forfeiture, fees, damages) | 10 | 20% |
| Read the cited remedy; no multiple is set | 5 | 10% |
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.
Source: 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) · checked 2026-09-23 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What do you have to do before you can claim the penalty?
Send the required information to start the clock.
- Give a mailing or e-mail address; without it no damages or penalties for that failure. 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act)
Does the deadline move if it falls on a weekend or holiday?
Illinois's general rule for counting legal time periods says: ... provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday..., and then it shall also be excluded.
(5 ILCS 70/1.11). Whether a court applies it to a landlord's deposit deadline depends on the case, so this page does not move the deadline for you.
To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.
What Illinois law requires of the landlord
The deposit return rule is 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). The law also requires an itemized statement when deductions are made.
- Return window
- 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)
- Itemization
- Required
- Receipts 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
- 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.
Is interest owed on a deposit in Illinois?
Illinois is one of 11 states where interest is owed only in some cases. Check interest and any local rule.
| Rule | States | Share |
|---|---|---|
| Required by state law | 3 | 6% |
| Owed only in some cases ← Illinois | 11 | 22% |
| Not required by state law | 37 | 73% |
Source: 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act) · checked 2026-09-23 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
Illinois security deposit deductions
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.
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