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Illinois security deposit law

Security Deposit Laws in Illinois

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Step 2 of 3

When did you move out?

This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.

Statute-verified in 50 U.S. jurisdictions and counting — everywhere else, a specialist prepares your case by hand until verification clears.

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Illinois security deposit return timeline

Deadline to return

45 days

Statute

765 ILCS 710/1 (Security Deposit Return Act) — deadlines at 710/1(a), penalty at 710/1(c)

TWO-STAGE STRUCTURE — no single flat return deadline; read both stages before sending a demand. STAGE 1 (30 days): a lessor may NOT withhold any part as reimbursement for PROPERTY DAMAGE unless, within 30 days of the date the lessee vacated or the date the lessee's right of possession ends (WHICHEVER IS LATER), the lessor furnishes an itemized statement of the damage and the estimated or actual repair/replacement cost, with paid receipts or copies attached. Delivery may be in person, by postmarked mail to the last known address, or by e-mail to a verified e-mail address the lessee provided. If only an estimate was given, actual paid receipts must follow within 30 days of the estimate statement. STAGE 2 (45 days): if no such statement and receipts are furnished, the lessor must return the deposit IN FULL within 45 days of the date the lessee vacated. returnDeadlineDays is 45 because that is the statutory deadline to actually RETURN MONEY — a demand asserting default at day 31 would be PREMATURE. CONDITION: if the lessee fails to provide a mailing or e-mail address, the lessor is not liable for damages or penalties resulting from that failure. SCOPE — the former 'five or more units' threshold was REPEALED effective 1-1-24 (P.A. 103-224); the Act now reaches EVERY residential lessor. Municipal ordinances (notably the Chicago Residential Landlord and Tenant Ordinance and Evanston) impose stricter deadlines, interest and penalties and must be checked for units in those jurisdictions.

What can a landlord legally deduct in Illinois?

Allowed

  • ✓Property damage beyond normal wear and tear, itemized with paid receipts or copies attached (the lessor may include the reasonable cost of its own labor)
  • ✓Cleaning, repair or replacement costs stated as specific dollar amounts in the written lease, for damage beyond normal wear and tear and reasonable to restore the premises to its condition at lease start, referenced in the itemized statement with the applicable lease portion attached

Not allowed

  • ✗Any property-damage withholding where the lessor did not furnish the itemized statement and receipts within the 30-day window
  • ✗Amounts exceeding what is reasonable to restore the premises to the same condition as at the time the lease began, exclusive of normal wear and tear

What if your landlord keeps your deposit wrongfully in Illinois?

Upon a finding by a circuit court that a lessor refused to supply the required itemized statement, OR supplied it in bad faith, AND failed or refused to return the amount due within the statutory time limits, the lessor is liable for TWICE the amount of the security deposit due, together with court costs and reasonable attorney's fees (765 ILCS 710/1(c)). NOTE THE CONJUNCTIVE TEST — a demand letter should establish both the itemization failure (or bad faith) AND the failure to return within the time limits.

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing 765 ILCS 710/1 (Security Deposit Return Act) — deadlines at 710/1(a), penalty at 710/1(c) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

$39 per case — founding price, one flat fee, no subscription.

Illinois tenant rights resources

Every fact on this page is verified against Illinois's official statutory text as of 2026-09-04. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in Illinois.

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Your money is due back

45 days

Illinois law sets this deadline — your landlord must return your deposit or itemize deductions by then.

If they wrongfully withhold

up to 2× your deposit

Add your deposit amount above for the exact figure.

765 ILCS 710/1 (Security Deposit Return Act) — deadlines at 710/1(a), penalty at 710/1(c) — verified against the official statute 2026-09-04

Your 45 days started the day you moved out — that clock is running right now whether or not your landlord acts, and the 2× penalty only exists if you demanded it in writing before it closed.

Secure checkout · Letter ready in 30 min · Full refund if not satisfied

Used by renters in 4 states — 15 people in the past two weeks found out exactly what they're owed this way.

We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.

Pay once. We handle the rest.

One case, one price — the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything.

You pay onceWe prepare & review your letterUSPS Certified to your landlordYou track it to their door
OptionPriceEffortFollow-up
Do it yourself—All of itYou chase
TenantNex$39Done for youWe chase
Small-claims services$149–448——
Hire an attorney$300–2,000+——

An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.

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Recover

$39
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We run your claim until you are paid — or you are ready to file.

  • Step 1 — certified demand letter citing your state statute, deadline and penalty
  • Mailed USPS Certified with return receipt, tracked to your landlord’s door
  • Step 2 — day-14 notice of intent to file, the one most landlords act on
  • Step 3 — your small-claims packet: the right form for your county, filled in
  • Where to file, what it costs, and how to serve your landlord
  • Evidence checklist, with your certified receipt as Exhibit A
  • Counter-response letter if your landlord disputes or underpays
  • Attorney referral if it is still unresolved after 21 days

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What TenantNex is — and isn't

TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.