Illinois Statewide Rule
Illinois Security Deposit Return Act: No Cap, 30-Day Itemized Statement, Double Penalty
Key Facts
- Deposit cap
- No statewide cap (Chicago RLTO may differ)
- Return deadline
- Itemized statement within 30 days; deposit in full within 45 days if no statement
- Itemized statement
- Required within 30 days of move-out (buildings of 5+ units), with paid receipts
- Statute
- 765 ILCS 710/1 (Security Deposit Return Act); 765 ILCS 715 (interest, 25+ units)
- Penalty
- 2x the security deposit due plus court costs and reasonable attorney's fees
Summary
Illinois sets no statewide cap on residential security deposits. Under the Security Deposit Return Act, 765 ILCS 710, a landlord of a building with 5 or more units who keeps any of a deposit for damage must furnish an itemized statement within 30 days of move-out, or return the deposit in full within 45 days, or owe double the deposit plus attorney's fees.
Sec. 1. Statement of damage. (a) Except as provided in subsection (b), a lessor of residential real property who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased premises may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises or within 30 days of the date the lessee's right of possession ends, whichever is later, furnished to the lessee, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the leased premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement.
Full Breakdown
The Security Deposit Return Act, 765 ILCS 710/1, applies to "a lessor of residential real property, containing 5 or more units." There is no statutory dollar limit on the deposit. To withhold any part for damage, the lessor must, within 30 days after the lessee vacates, furnish an itemized statement of the damage and the estimated or actual repair cost, attaching paid receipts. If only an estimate is given, paid receipts are due within 30 days of that statement. If no statement and receipts are furnished as required, "the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises." Chicago's Residential Landlord and Tenant Ordinance (RLTO) imposes separate, stricter deposit, interest, and disclosure rules. The Security Deposit Interest Act, 765 ILCS 715, requires interest on deposits in buildings of 25 or more units.
Violations & Penalties
Under 765 ILCS 710/1, a court finding that a lessor refused to supply the itemized statement, or supplied it in bad faith, and failed to return the deposit due makes the lessor "liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees."
Frequently Asked Questions
How much can a landlord charge for a security deposit in Illinois?
How long does a landlord have to return a security deposit in Illinois?
What can a landlord deduct from a security deposit in Illinois?
Sources
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