Demand Letter Lab

Illinois Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In Illinois, a security deposit claim is heard by the court named in the facts table; the court for your county is listed below. The comparable deposit claim limit is $10,000. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtCircuit Court of Illinois, Small Claims Division (county-level Circuit Court under Illinois Supreme Court Rules 281-289) · Court source
Listed limits and jurisdictions$10,000 (statewide)
Comparable deposit claim limit$10,000
Time limit to sue, from state data5 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing97 yes, 0 no, 6 unverified among 103 listed counties
State deposit return deadline
  • 45 days after the date the lessee vacated the premises. Applies when: 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. Applies when: lessor deducts for damages; itemized statement of damages with estimated or actual repair costs.
Deposit statute765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act)

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 22 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

Your free letter

Get a DOCX letter with the dates and amount you entered.

Write and mail my letter for $49
Get the Illinois kit for $29

Already sent a letter? Tell us if it worked

Details of the return rules
Illinois statutory deadlines
When it appliesDeadlineStarts from
no itemized statement and receipts furnished within the 30-day window; the full deposit is due45 daysthe 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.

Free Illinois template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Illinois law (765 ILCS 710/1), a landlord must return the deposit or respond in writing within [45 days / 30 days, see the note above] after [the event listed in the note above].

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

How to file

Forms: Court forms and filing information

File online: Yes

How papers are served:

  • constable or sheriff
  • private process server

Attorneys allowed: Yes

Appeal window: 30 days

The Supreme Court Commission on Access to Justice has approved the following forms. All Illinois Courts must accept these forms.

Official source · Accessed

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the Illinois Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

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."

765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act)

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in Illinois?

Circuit Court of Illinois, Small Claims Division (county-level Circuit Court under Illinois Supreme Court Rules 281-289). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in Illinois?

The comparable general deposit claim limit is $10,000. Check the court and claim type that applies.

What is the return deadline in Illinois?

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)

What's next?