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Illinois security deposit law

Source: 765 ILCS 710 (Security Deposit Return Act); 765 ILCS 715 (Security Deposit Interest Act) · Checked against the statute

Maximum deposit
No statewide limit.
Return deadline
30 days after move-out (Landlord keeps any part for damage); 45 days after move-out (No itemized statement sent)
If the landlord keeps it wrongly
A landlord who refuses to give the itemized statement, or gives it in bad faith, and fails to return the deposit on time owes twice the deposit due plus court costs and attorney's fees. Willful failure to pay required interest costs an amount equal to the deposit plus costs and fees.

Calculate your Illinois deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Deliver an itemized statement of damage with estimated or actual costs and paid receipts within 30 days after the tenant moves out or the right of possession ends, whichever is later. If only estimates were given, send paid receipts within 30 days after the statement.
  • Return the full deposit within 45 days after the tenant moves out.

Statements go by personal delivery, mail to the last known address, or e-mail to a verified address the tenant gave. If the tenant gives no mailing or e-mail address, the landlord isn't liable for damages or penalties for that reason.

Itemized list of deductions

Required: Yes. Itemized statement of each damage item with estimated or actual cost, plus paid receipts (or a verified explanation if receipts can't be produced). Charges set in the lease must be referenced with a copy of that lease section.

What can and can't be deducted

Lease-specified cleaning or repair charges must be for damage beyond normal wear and tear and reasonable to restore the unit to its condition at the start of the lease. The Act does not otherwise define wear and tear.

Nonrefundable fees

The Act is silent on nonrefundable fees.

Interest, bank account and move-in inspection

  • Interest required: No. Required only for landlords with 25 or more units in a building or complex, on deposits held more than 6 months, at the passbook savings rate of the state's largest bank (765 ILCS 715/1). Interest of $5 or more must be paid within 30 days after each 12-month rental period, in cash or as rent credit (unless the tenant is in default), and all unpaid interest is due when the tenancy ends (715/2). Public housing is excluded (715/3).
  • Separate account required: No. No statewide separate-account requirement.
  • Move-in inspection required: No. No statewide move-in inspection requirement.

Penalties and bad faith

A landlord who refuses to give the itemized statement, or gives it in bad faith, and fails to return the deposit on time owes twice the deposit due plus court costs and attorney's fees. Willful failure to pay required interest costs an amount equal to the deposit plus costs and fees.

The double penalty applies when the landlord refused to give the statement or gave it in bad faith and didn't return the deposit on time.

Getting your deposit back in court

Small claims court hears money claims of $10,000 or less. Court information

Before filing, many tenants send a written demand first. Write a Illinois demand letter →

City and county rules

  • Chicago: Chicago RLTO: receipt required; deposit held in a federally insured interest-bearing Illinois account, not commingled; bank named within 14 days; yearly interest at the City Comptroller's rate (0.01% for 2026); itemized damage statement within 30 days and return within 45 days of move-out; penalty of twice the deposit plus interest. Owner-occupied buildings of 6 or fewer units are exempt.
  • Suburban Cook County: Cook County RTLO (since June 1, 2021): deposit capped at 1.5 months' rent; receipt required; kept separate from landlord's funds with bank disclosed; returned within 30 days with an itemized list of deductions. Some owner-occupied and single-unit rentals are exempt.
  • Evanston: Evanston caps all security deposits at 1.5 months' rent.
  • Oak Park: Oak Park requires a deposit of at least one month's and no more than 1.5 months' rent, and a landlord can't charge both a deposit and a move-in fee; a nonrefundable move-in fee can't exceed $500. Rentals excluded from the ordinance are exempt.
  • Urbana: Urbana requires interest on all deposits over $100 held more than 6 months.

Also good to know

  • P.A. 103-224 (eff. Jan. 1, 2024) allowed e-mail delivery, landlord-labor charges, and lease-specified charges, and applies to all residential landlords.
  • A buyer or other transferee of the property is liable for the deposit, jointly with the seller.
  • Evanston and Oak Park also have their own landlord-tenant ordinances.

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.