How Long Does a Landlord Have to Return a Deposit in Illinois?
In Illinois, a landlord has 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) to return a security deposit. 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 penalty 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 |
| 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. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in 765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act).
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.
What happens if a landlord misses the Illinois deposit deadline?
The verified penalty 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.. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 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 trigger is 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. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified Illinois deadline.
build a Illinois demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.