Deposit laws by state › Illinois
State law · Illinois
Illinois security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: If the landlord does not send a proper itemized statement with receipts, the full deposit must be returned within 45 days after the tenant vacates. To keep any of the deposit for damage, the landlord must send an itemized statement with repair costs and paid receipts (or estimates, with receipts to follow within 30 days) within 30 days after the tenant vacates or the right of possession ends, whichever is later.
How long does a landlord have to return a security deposit in Illinois?
- Return deadline
- If the landlord does not send a proper itemized statement with receipts, the full deposit must be returned within 45 days after the tenant vacates.765 ILCS 710/1(a)
- Itemized list
- To keep any of the deposit for damage, the landlord must send an itemized statement with repair costs and paid receipts (or estimates, with receipts to follow within 30 days) within 30 days after the tenant vacates or the right of possession ends, whichever is later.765 ILCS 710/1(a)
- Forwarding address
- If the tenant does not give a mailing or email address, the landlord is not liable for damages or penalties that result from not having one.765 ILCS 710/1(a)
Prefer a full page? Use the security deposit deadline calculator.
What happens if an Illinois landlord misses the deadline?
- If the landlord misses it
- A landlord who does not send the itemized statement with paid receipts (or estimates followed by paid receipts within 30 days) must return the full deposit within 45 days after the tenant vacates; it may not keep any of it for damage.765 ILCS 710/1(a)
- Penalty
- If a court finds the landlord refused to provide the itemized statement or provided it in bad faith, and did not return the deposit on time, the landlord owes twice the deposit due, plus court costs and reasonable attorney's fees.765 ILCS 710/1(c)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can an Illinois landlord deduct from your deposit?
What can be deducted: Property damage beyond normal wear and tear, and amounts the written lease specifies for cleaning, repair or replacement of particular components. (765 ILCS 710/1(a))
Normal wear and tear: Lease-specified charges must be for damage beyond normal wear and tear. (765 ILCS 710/1(a))
Cleaning: Cleaning may be charged at a cost the lease specifies, for damage beyond normal wear and tear. (765 ILCS 710/1(a))
What the itemized list must include: An itemized statement of damage with paid receipts or copies attached; if an estimate is used, the paid receipts must follow within 30 days. Without the statement and receipts, the full deposit must be returned. (765 ILCS 710/1(a)-(b))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Taking a deposit case to small claims court in Illinois
Small-claims limit: Illinois small claims covers claims up to $10,000. (Illinois circuit court small-claims guidance)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- Since January 1, 2024, the Security Deposit Return Act covers every residential landlord in Illinois. The old limit to buildings of 5 or more units no longer applies. A tenancy that ended before 2024 fell under the old limit.
- A deduction for a cleaning, repair or replacement charge set in the lease is allowed only for damage beyond normal wear and tear, and the statement must name the lease amount and include a copy of that part of the lease (765 ILCS 710/1(a)).
- A landlord who cannot get receipts through no fault of its own may instead give an itemized cost list, other evidence of cost, and a sworn statement explaining why (765 ILCS 710/1(b)).
- Chicago and some other cities have their own deposit ordinances with stricter rules and larger penalties. A Chicago rental should also be checked against the Chicago Residential Landlord and Tenant Ordinance.
What to do if your Illinois landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Illinois's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 30, 2026. Laws change; check the current official text before relying on a date.
- 765 ILCS 710/1: ilga.gov
- Illinois circuit court small-claims guidance: 19thcircuitcourt.state.il.us
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Illinois.