Illinois security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under 765 ILCS 710/1, a landlord in Illinois must return your security deposit — together with any required written itemization of deductions — within 45 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

Itemized statement due within 30 days; return within 45 days if no itemization is given. P.A. 103-224 (effective January 1, 2024) extended the Act to essentially all residential lessors — the old five-unit threshold is gone; tenancies that ended before 2024 fall under the prior version.

What it costs your landlord

Under 765 ILCS 710/1, a landlord who wrongfully withholds a deposit in Illinois may be liable for twice the amount of the security deposit due, plus court costs and reasonable attorney's fees. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Illinois

Costs of repairing damage beyond normal wear and tear, and unpaid rent.

765 ILCS 710/1

Ordinary wear and tear

Illinois requires the costs to be for damage beyond normal wear and tear, and — unusually — makes paid receipts part of compliance rather than a courtesy.

“beyond normal wear and tear”

What a compliant itemization has to contain

An itemized statement of damage and the estimated or actual cost of repair, within 30 days.

Read it yourself: 765 ILCS 710/1

How to get your deposit back in Illinois

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Illinois that's 45 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite 765 ILCS 710/1, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

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

Under 765 ILCS 710/1, a Illinois landlord has 45 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Illinois?

Under 765 ILCS 710/1, a landlord who wrongfully withholds may be liable for twice the amount of the security deposit due, plus court costs and reasonable attorney's fees.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.