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.

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

Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.

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.

Deadline to return

45 days

Governing statute

765 ILCS 710/1

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.

What it costs your landlord

Under 765 ILCS 710/1.1, 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.

Important limit on who this law covers

The Illinois statute applies only to buildings with 5 or more units. Chicago renters are covered instead by the Residential Landlord and Tenant Ordinance (§ 5-12-080), which applies regardless of building size and has its own penalties.

How to get your deposit back in Illinois

1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Illinois that's 45 days.
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. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
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. File in small claims if they ignore you.You don't need a lawyer. File in the county where the property is located.

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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 710/1.1, 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?: Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.

Statute text verified against the published source on July 29, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.