Security Deposit Laws in Chicago, Illinois
Based on 765 ILCS 710/1 · Last verified 2026
Chicago landlords must return security deposits within 45 days of move-out under 765 ILCS 710/1. File in Cook County Circuit Court — Small Claims if they don't.
●Illinois State Law
Illinois Security Deposit Rules
●Local Ordinances
Chicago Local Tenant Protections
Chicago Residential Landlord Tenant Ordinance (RLTO) — landlords must pay interest on deposits, provide itemized receipts, and hold deposits in federally insured accounts. Tenants may recover 2x deposit for violations.
Chicago has additional local tenant protections beyond Illinois state law that may strengthen your deposit claim.
●Deductions
What Can My Landlord Deduct in Chicago?
Allowed Deductions
- +Unpaid rent
- +Damage beyond normal wear and tear
- +Cleaning if lease requires and unit was left dirty
- +Lease-break fees if specified in lease
- +Costs to replace items tenant removed or kept
Prohibited Deductions
- ✕Normal wear and tear (minor scuffs, small nail holes, faded paint)
- ✕Carpet replacement after useful life (typically 7-10 years)
- ✕Painting after 2+ year tenancy (normal wear)
- ✕Pre-existing damage not noted at move-in
- ✕Upgrades or improvements beyond restoring to original condition
●Court Information
Where to File Your Claim in Chicago
●Step-by-Step
How to File a Security Deposit Claim in Chicago
- 1
Send a demand letter
Before filing in court, send your landlord a formal demand letter citing 765 ILCS 710/1. Give them 7-14 days to respond. DepositHawk can generate this letter for you.
- 2
Gather your evidence
Collect your lease, move-in/move-out photos, security deposit receipt, any communication with your landlord, and the itemized deduction list (if one was provided).
- 3
File at Cook County Circuit Court — Small Claims
Go to 50 W Washington St, Chicago, IL 60602 or check if online filing is available. Bring a completed small claims form and the filing fee ($50-$175). File in the county where the rental property is located.
- 4
Serve your landlord
After filing, you must formally serve your landlord with the court papers. The court clerk can explain your options — typically by certified mail or a process server.
- 5
Attend the hearing
Present your evidence to the judge. No lawyer is needed. The entire process typically takes 30-90 days from filing to judgment. If you win, Illinois law may award you 2x the withheld amount in damages.
Think your Chicago landlord owes you money?
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●Related Resources
Other Illinois Cities
This information is based on 765 ILCS 710/1 as of 2026. Laws change. Verify current statutes at your state legislature's website. Court information should be confirmed directly with Cook County Circuit Court — Small Claims before visiting.
●Frequently Asked Questions
Frequently Asked Questions
How long does my landlord have to return my deposit in Chicago?
Under 765 ILCS 710/1, landlords in Chicago, Illinois must return the security deposit within 45 days after the tenancy ends. They must also provide an itemized statement of any deductions.
Where do I file a small claims case for my deposit in Chicago?
File at Cook County Circuit Court — Small Claims, located at 50 W Washington St, Chicago, IL 60602. The filing fee ranges from $50 to $175. No lawyer is required.
What penalties can I get if my Chicago landlord withholds my deposit?
Illinois law provides for 2x the withheld amount as damages when a landlord wrongfully withholds a security deposit past the 45-day deadline.
Can my landlord deduct for normal wear and tear in Chicago?
No. Under 765 ILCS 710/1, normal wear and tear — minor scuffs, small nail holes, carpet worn from regular use — cannot be deducted from your security deposit in Illinois.
●PROTECTION
Your landlord is costing you money. We stop it.
- Junk Fee Auditor — Flags illegal charges hiding in your lease
- Rent Increase Analyzer — Checks if your hike exceeds the legal cap
- Deposit Photo Vault — Timestamped move-in/out evidence your landlord can’t dispute
- Free Demand Letter — State-specific letter generated in 2 minutes
Junk fees you can’t opt out of: ~$100/mo
Utility overcharges you can’t verify: ~$50/mo
Deposit interest your landlord pockets: ~$8/mo
Rent increase above legal cap: ~$35/mo
Total: ~$193/mo you’re probably losing.
DepositHawk Protection: $3/mo.
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.