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Illinois security deposit: 45 days to get it back

A landlord who wants to deduct for property damage must give the tenant an itemized statement within 30 days after the tenant vacates (or, per secondary summaries, after the right to possession ends, if later). If no compliant statement with receipts is given, the full deposit must be returned within 45 days after the tenant vacated. Since Jan. 1, 2024 this applies to residential landlords of any size.

What the law requires

Itemized statement: Itemized statement of the damage, with estimated or actual repair costs and paid receipts; may be delivered in person, by postmarked mail, or by email to a verified address. If receipts are not available through no fault of the landlord, it must give cost evidence and a verified explanation. Lease-specified fixed charges are allowed only for damage beyond normal wear.
Forwarding address: If the tenant gave the landlord no mailing or email address, the landlord is not liable for resulting damages or penalties.
If the landlord breaks the rules: If a court finds the landlord refused to provide the itemized statement or provided it in bad faith, and also failed to return the deposit on time, the landlord owes twice the deposit plus court costs and reasonable attorney's fees. Chicago's ordinance adds interest to the 2x award.
Loss of the right to deduct: Without a compliant itemized statement and receipts within 30 days, the landlord must return the full deposit within 45 days of move-out, which in effect ends its right to deduct for damage.
Deposit cap: No statewide cap on the deposit amount.
Small claims limit: $10,000 in Circuit Court, Small Claims
Statute: 765 ILCS 710/1 (Security Deposit Return Act); see also 765 ILCS 715 (Security Deposit Interest Act)

Recent changes

P.A. 103-224, effective Jan. 1, 2024: the Return Act no longer has the old 'five or more units' threshold, allows email delivery of itemized statements, and addresses lease-specified charges. HB 3564 (rental fee transparency, signed 2026, reported effective Jan. 1, 2027 for new or renewed leases) limits application fees to $50 and bans some fees; it does not appear to change deposit return rules.

Local rules

Chicago RLTO (Municipal Code § 5-12-080): itemized statement within 30 days and return within 45 days of move-out, deposit held in a separate interest-bearing Illinois account, annual interest, and a penalty of two times the deposit plus interest and attorney fees; owner-occupied buildings of six or fewer units are exempt. Suburban Cook County's RTLO and some other towns have their own deposit rules (not verified).

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite 765 ILCS 710. Give a date to respond.
If you still aren't paid, file in Circuit Court, Small Claims. Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Illinois demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under 765 ILCS 710, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 45 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Illinois have to return a security deposit?

What happens if a Illinois landlord keeps the deposit wrongfully?

If a court finds the landlord refused to provide the itemized statement or provided it in bad faith, and also failed to return the deposit on time, the landlord owes twice the deposit plus court costs and reasonable attorney's fees. Chicago's ordinance adds interest to the 2x award. Without a compliant itemized statement and receipts within 30 days, the landlord must return the full deposit within 45 days of move-out, which in effect ends its right to deduct for damage.

Do I have to give my Illinois landlord a forwarding address?

If the tenant gave the landlord no mailing or email address, the landlord is not liable for resulting damages or penalties.

Where do I sue for my deposit in Illinois?

Deposit claims up to $10,000 can be filed in Circuit Court, Small Claims. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.