State law file
Security deposit law in Illinois
Based on 765 ILCS 710/1 · Verified 2026-06-11
Illinois tenants can recover up to 2x the wrongfully withheld deposit amount in penalties under 765 ILCS 710/1.
Under 765 ILCS 710/1, landlords in Illinois must return security deposits within 45 days of move-out. Landlords must provide an itemized statement of deductions within 30 days.
Source: 765 ILCS 710/1. Verified 2026-06-11.
Your rights under 765 ILCS 710/1
In Illinois, a landlord must return a tenant's full security deposit within 45 days of move-out or explain every deduction in writing. Under 765 ILCS 710/1, a landlord who misses that window owes up to 2x the wrongfully withheld amount.
Under 765 ILCS 710/1, landlords in Illinois must return a tenant's security deposit — or the balance after lawful deductions — within 45 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 30 days. Failure to provide this statement is independently actionable.
If a landlord fails to return the deposit within 45 days, Illinois law provides for 2x the wrongfully withheld amount as damages.
Illinois requires landlords to pay interest on security deposits. The current rate is approximately set annually by the state. Interest must be paid when the deposit is returned. Interest is owed only by a landlord letting 25 or more units in a single building or a contiguous complex, and only on a deposit held for more than 6 months (765 ILCS 715/1). If your tenancy meets that condition, the interest runs on the full deposit for the whole time it is held.
Illinois splits its protections into two separate laws that don't reach the same renters. The itemization-and-return rule in 765 ILCS 710/1 covers every landlord regardless of portfolio size. The deposit-interest requirement is different — 765 ILCS 715/1 reaches only buildings with 25 or more units in a single building or a contiguous complex, so most Illinois renters in smaller buildings have no state-level interest right to fall back on at all.
What Illinois landlords can — and can't — deduct
Landlords in Illinois may deduct for unpaid rent or documented damage, but cannot charge tenants for normal wear and tear like faded paint or minor scuffs. Every deduction must be itemized within 45 days, or the landlord risks up to 2x the wrongfully withheld amount.
If your landlord charged you for anything in the right-hand column, you have grounds to dispute it under 765 ILCS 710/1. The normal wear and tear guide has more examples.
Small claims court in Illinois
In Illinois, a tenant can sue for a wrongfully withheld deposit in small claims court, where the limit is $10,000. Filing there costs about $64, and a landlord who lets 45 days pass risks up to 2x the wrongfully withheld amount.
Illinois's small claims limit is $10,000, and filing a case there costs about $64.
If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.
Frequently asked questions
How long does my landlord have to return my deposit in Illinois?
Under 765 ILCS 710/1, landlords in Illinois must return the security deposit within 45 days after the tenancy ends. They must also provide an itemized statement of any deductions within 30 days.
What happens if my Illinois landlord doesn't return my deposit on time?
If a landlord fails to return the deposit within 45 days, Illinois law provides for 2x the wrongfully withheld amount as damages. You can send a formal demand letter and, if ignored, file in Circuit Court, Small Claims Division without an attorney.
Can my landlord deduct for normal wear and tear in Illinois?
No. Under 765 ILCS 710/1, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Illinois. Only damage beyond normal wear and tear is a valid deduction.
How do I file a small claims case for my security deposit in Illinois?
File in Circuit Court, Small Claims Division in the county where the rental property is located. Filing costs about $64, and Illinois's small claims limit is $10,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.
My landlord isn't responding to calls or texts — now what?
Put it in writing. A demand letter citing 765 ILCS 710/1 names the deadline your landlord was under and the penalty the statute allows, and gives them a specific date to respond by. Sent by certified mail, it also creates a record of the date it went out and the address it reached — the kind of documentation Circuit Court, Small Claims Division expects if the dispute goes that far.
Does Illinois law require my landlord to itemize deductions?
Yes, within 30 days, and it applies no matter how many units your landlord owns. 765 ILCS 710/1 gives every Illinois residential landlord 30 days after you move out to send an itemized statement of damages; if they don't send one at all, they must return your full deposit within 45 days instead. There's no small-landlord exception in this particular statute — unlike the deposit-interest rule below.
What can I recover if my Illinois landlord ignores the deadline?
Twice your deposit, plus costs. Under 765 ILCS 710/1, a court that finds a landlord refused to provide the itemized statement — or supplied one in bad faith — and failed to return what's due within the statutory window can order the landlord to pay twice the deposit amount, along with court costs and reasonable attorney's fees.
Does my Illinois landlord owe me interest on my deposit?
Only if the building is large enough. Illinois's separate deposit-interest requirement, 765 ILCS 715/1, applies only to buildings with 25 or more units in a single building or a contiguous complex — most Illinois renters in smaller buildings aren't covered by a state interest mandate at all. Chicago has its own municipal ordinance with different rules, so check that separately if you're a Chicago tenant, and confirm the current rate that applies to your specific building before assuming a number.
What your letter looks like
A Illinois demand letter opens like this
Every letter cites 765 ILCS 710/1 and calculates the amounts from your own numbers. This sample uses a $1,750 deposit with $300 returned.
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Researching a specific landlord? Check the DepositHawk landlord ratings database — search by name or property management company to see deposit return history.
Ready to mail your letter? Send it by certified mail so you have proof of the date it went out and the date it arrived. Already wrote your own? Run it through the free letter checker before you send it. Still building your evidence file? The move-out photo checklist covers exactly what to document before you hand back the keys. If your landlord ignores the letter, the Illinois small claims guide walks through filing without a lawyer. For the whole process in one place, read what to do when a landlord won't return your deposit. A chatbot can draft a letter like this one, but it can't mail it by certified mail or search your landlord's eviction-filing history — DepositHawk does both.
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DepositHawk is not a law firm and does not provide legal advice. This information is based on 765 ILCS 710/1 as of 2026. Laws change. Verify current statutes at your state legislature's website. Consult a licensed attorney for advice specific to your situation.
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