Illinois Security Deposit Return Act: No Cap, 30-Day Itemized Statement, Double Penalty

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.

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."