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Illinois security deposit law
Short answer: An Illinois landlord who wants to keep money for damage has 30 days after move-out to send an itemized statement with receipts or cost estimates. With no statement, the full deposit is due back within 45 days. State law sets no limit on the deposit amount.
| Deadline to return the deposit | 30 days after the tenant moves out (or after the right to possession ends, whichever is later) to send an itemized damage statement. If no statement and receipts are sent, the full deposit must be returned within 45 days of move-out. |
|---|---|
| Limit on how much a landlord can charge | No limit in state law. Chicago and some other cities have their own rules. |
| Itemized list of deductions | Yes. To keep anything for damage, the landlord must send an itemized statement with the estimated or actual cost of each repair and attach paid receipts. If the statement used estimates, the receipts must follow within 30 days. Landlords may charge a reasonable cost for their own labor. |
| Interest on the deposit | Required for landlords with 25 or more units in one building or complex, on deposits held more than 6 months. |
| Penalty if the landlord breaks the rules | A landlord who refuses to send the itemized statement, or sends it in bad faith, and doesn't return what's owed on time owes twice the deposit due, plus court costs and attorney's fees. |
| What the tenant has to do | Give the landlord a mailing or email address. If you don't, the landlord can't be penalized for not reaching you. |
| The law | Illinois Security Deposit Return Act (765 ILCS 710) and Security Deposit Interest Act (765 ILCS 715) |
Official law: Illinois Security Deposit Return Act (765 ILCS 710) and Security Deposit Interest Act (765 ILCS 715). Checked against the statute on 2026-11-04.
Good to know
- The statement can be delivered in person, by postmarked mail, or by email to a verified address the tenant provided.
- If the written lease sets specific costs for cleaning or replacing certain items, the landlord can deduct those amounts, as long as they're for damage beyond normal wear and tear and include a copy of that part of the lease.
- When a property is sold, the new owner and the old owner are both responsible for the deposit.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in Illinois?
30 days after the tenant moves out (or after the right to possession ends, whichever is later) to send an itemized damage statement. If no statement and receipts are sent, the full deposit must be returned within 45 days of move-out.
Is there a limit on security deposits in Illinois?
No limit in state law. Chicago and some other cities have their own rules.
Does a landlord in Illinois have to itemize deductions?
Yes. To keep anything for damage, the landlord must send an itemized statement with the estimated or actual cost of each repair and attach paid receipts. If the statement used estimates, the receipts must follow within 30 days. Landlords may charge a reasonable cost for their own labor.