DisputeKit / Illinois
How long does a Illinois landlord have to return a security deposit?
45 days to return the deposit in full, or 30 days to send an itemized claim. Under Illinois Security Deposit Return Act, 765 ILCS 710/1, a landlord must furnish an itemized statement of the claimed damage with the estimated or actual repair cost of each item and copies of paid receipts before keeping any part of the deposit for damage within 30 days. The clock starts when you move out and hand back possession of the unit. A court may also award an amount equal to twice the security deposit due, plus court costs and reasonable attorney's fees, if the landlord refused to provide the itemized statement or provided it in bad faith and did not return the deposit due on time.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 30 days run from the date the tenant vacated or the date the tenant's right of possession ended, whichever is later.
- If no itemized statement and receipts are provided, the landlord must return the full deposit within 45 days after the tenant vacated.
- If an estimated cost is given, the landlord must send paid receipts within 30 days after sending the statement.
- A landlord is not liable for damages or penalties caused by the tenant's failure to provide a mailing or email address.
What Illinois law says about deductions and your rights
- Since January 1, 2024 the Act applies to all residential landlords; the earlier requirement that the building have 5 or more units was removed.
- The statute says 'twice the amount of the security deposit due' (an amount equal to double, not double plus the deposit).
- A lease may set a specific cost for cleaning, repair or replacement of a component; the statement must then cite that amount and attach the relevant lease portion.
- The 30-day statement rule covers deductions for property damage; deductions for other items such as unpaid rent may be treated differently.
- Chicago and Cook County have their own residential landlord-tenant ordinances with additional deposit rules.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Illinois is $10,000 (Illinois Supreme Court Rule 281), and the filing fee is Varies by county and claim amount; check with the circuit court clerk (fee waivers are available).
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline (45 days if the landlord deducts nothing)
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Illinois?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Illinois law allows a court to award an amount equal to twice the security deposit due, plus court costs and reasonable attorney's fees, if the landlord refused to provide the itemized statement or provided it in bad faith and did not return the deposit due on time. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Illinois is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.