Home → Illinois

Illinois deposit law

Illinois Security Deposit Return Deadline

45 days
How long your Illinois landlord has to return your deposit
Penalty for missing it
2x (bad faith — circuit-court finding that lessor refused to supply the itemized statement, or supplied it in bad faith, and failed/refused to return the amount due within the time limits)
The law
765 ILCS 710/1

The rule

Two-step: itemized statement of damages + estimated/actual repair costs (with paid receipts) within 30 days of the date the lessee vacated; if no statement is furnished as required, the FULL deposit must be returned within 45 days of vacating.

Watch out in Illinois:
  • Applies ONLY to buildings with 5+ residential units
  • Statement may be delivered in person, by mail to last known address, or by email to a verified email address
  • Interest required for 25+ unit buildings under 765 ILCS 715 (Security Deposit Interest Act)
  • Stricter local ordinances (e.g., Chicago RLTO) can supersede the state act

What happens if your landlord misses the deadline

In Illinois, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on 765 ILCS 710/1 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.

Your next steps in Illinois

  1. Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
  2. Send a demand letter citing 765 ILCS 710/1 and the 2x penalty. Most landlords pay at this stage.
  3. If they ignore it, file in small claims. See our walkthrough for the process.
Get the letter written for you. The $19 Deposit Recovery Kit generates a Illinois demand letter citing 765 ILCS 710/1, with your dates and deposit amount filled in — plus a small-claims walkthrough.

Illinois deposit questions

How long does my Illinois landlord have to return my deposit?

Two-step: itemized statement of damages + estimated/actual repair costs (with paid receipts) within 30 days of the date the lessee vacated; if no statement is furnished as required, the FULL deposit must be returned within 45 days of vacating.

What if my landlord never sends an itemized list of deductions?

In most states — including Illinois — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check 765 ILCS 710/1 for the exact rule.

Can I get more than my deposit back in Illinois?

Illinois law allows 2x for bad faith — circuit-court finding that lessor refused to supply the itemized statement, or supplied it in bad faith, and failed/refused to return the amount due within the time limits. See our penalties guide for how judges apply this.

Source: https://Law.Justia.com/codes/illinois/2015/chapter-765/act-765-ilcs-710/ · Verified 2026-10-09

Not legal advice. Figures based on 765 ILCS 710/1 as of October 2026. Laws change; verify current text before acting. For advice about your situation, consult a tenant-rights attorney or local legal aid.