Illinois security deposit law: the 30-day deadline, penalties, and how to get your money back
Under 765 ILCS 710/1 (Security Deposit Return Act), your landlord has 30 days after you move out to return your security deposit or send an itemized statement of deductions. Failure to provide the statement/receipts on time means the landlord must return the deposit in full within 45 days.
At a glance
- Return deadline
- 30 days after move-out
- Statute
- 765 ILCS 710/1 (Security Deposit Return Act)
- Itemized statement
- Required
- Attorney's fees recoverable
- Yes
- Small claims limit
- $10,000 (Small Claims Court)
- Filing fee
- $287–$379 (Cook County, 2026 fee schedule; other counties lower)
The 30-day deadline and itemization rules
For buildings with 5+ units: itemized statement of damage with estimated or actual costs within 30 days; paid receipts within 30 more days. Full refund due within 45 days if no statement.
Paid receipts (or copies) must accompany the itemized statement; if estimates were given, paid receipts must follow within 30 days. If receipts are unavailable through no fault of the landlord, an itemized cost list plus a verified explanation is required instead (765 ILCS 710/1(b)). The landlord's own labor must be charged at reasonable cost.
Penalties for wrongfully keeping your deposit
If the landlord refused to supply the itemized statement (or supplied it in bad faith) AND failed to return the deposit due on time, they owe twice the security deposit due plus court costs and attorney's fees (765 ILCS 710/1(c)). Chicago RLTO: two times the deposit plus interest, with fees (§§ 5-12-080(f), 5-12-180).
The state act covers buildings of 5+ units; deposit interest is a separate act (765 ILCS 715, 25+ units held 6+ months). Chicago RLTO covers most Chicago rentals (exempt: owner-occupied ≤6 units): return within 45 days, 2x deposit + interest for violations. Suburban Cook County has its own RTLO.
Taking your landlord to small claims court
If a demand letter does not resolve the dispute, Illinois lets you sue in Small Claims Court for up to $10,000. Filing fees typically run $287–$379 (Cook County, 2026 fee schedule; other counties lower), lawyers are optional, and deposit cases are among the most common — and most tenant-friendly — small claims matters.
Frequently asked questions
How long does a Illinois landlord have to return a security deposit?
30 days after move-out under 765 ILCS 710/1 (Security Deposit Return Act). For buildings with 5+ units: itemized statement of damage with estimated or actual costs within 30 days; paid receipts within 30 more days. Full refund due within 45 days if no statement.
What happens if the landlord misses the 30-day deadline in Illinois?
Failure to provide the statement/receipts on time means the landlord must return the deposit in full within 45 days.
What penalties does Illinois law impose for wrongfully keeping a deposit?
If the landlord refused to supply the itemized statement (or supplied it in bad faith) AND failed to return the deposit due on time, they owe twice the security deposit due plus court costs and attorney's fees (765 ILCS 710/1(c)). Chicago RLTO: two times the deposit plus interest, with fees (§§ 5-12-080(f), 5-12-180).
Can I sue my landlord in small claims court in Illinois?
Yes — Small Claims Court handles deposit disputes up to $10,000. Typical filing fees run $287–$379 (Cook County, 2026 fee schedule; other counties lower), and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in Illinois?
No. Like every state, Illinois does not allow deductions for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the statute allows. The state act covers buildings of 5+ units; deposit interest is a separate act (765 ILCS 715, 25+ units held 6+ months). Chicago RLTO covers most Chicago rentals (exempt: owner-occupied ≤6 units): return within 45 days, 2x deposit + interest for violations. Suburban Cook County has its own RTLO.
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