Illinois security deposit rules
How Illinois deposit returns generally work
Illinois’s Security Deposit Return Act generally requires a landlord who keeps part of a deposit for damage to furnish an itemized statement with paid receipts within 30 days after the tenant vacates or the right of possession ends, whichever is later, and otherwise calls for full return within 45 days of move-out. Chicago renters may also be covered by the city’s Residential Landlord and Tenant Ordinance, and any doubled-deposit remedy depends on findings a court makes, not on a demand letter.
765 ILCS 710/1(a) generally bars withholding for damage unless the landlord furnishes an itemized statement with paid receipts within 30 days after the later of move-out or the end of the right of possession.
Without a compliant statement and receipts, the Act calls for the deposit to be returned in full within 45 days of the date the tenant vacated.
Since January 1, 2024 (P.A. 103-224), the Act is no longer limited to buildings with five or more units; Chicago renters may also be covered by the city’s Residential Landlord and Tenant Ordinance.
Watch your own deadline: The Act states that a landlord is not liable for damages or penalties resulting from a tenant’s failure to provide a mailing address or email address. If you have not already done so, give your landlord a written mailing or email address promptly and keep proof of when you sent it.
Check coverage: Since January 1, 2024, 765 ILCS 710/1 no longer limits itself to buildings with five or more units; verify how that change applies to an older lease. In Chicago, the Residential Landlord and Tenant Ordinance (Municipal Code 5-12-080) may also apply, with its own return and itemized-statement rules and different remedies; it generally excludes owner-occupied buildings with six or fewer units. Other local ordinances, including in suburban Cook County, may set different timelines.
These are general summaries, not conclusions about your situation. Review the linked official text and obtain legal advice when needed.
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