Illinois Security Deposit Return Deadline

Illinois security deposit return deadline at a glance

Illinois has a two-tier deadline under 765 ILCS 710: 30 days to return the full deposit if no deductions are claimed, or 45 days with a written itemized statement and supporting documentation if any portion is withheld. The statute applies to buildings with 5 or more units. Buildings with fewer than 5 units follow common-law reasonableness rather than the statutory deadline.

How the 30-day and 45-day windows work in Illinois

For 5+ unit buildings: within 30 days after the tenant vacates and provides a forwarding address, if no deductions are claimed, the full deposit must be returned. If deductions are claimed, the landlord must furnish an itemized statement of damages within 30 days, and the remaining deposit balance within 45 days. The itemization must include paid receipts or estimates for the work claimed.

What happens if an Illinois landlord misses the deadline

Under 765 ILCS 710/1(c), a tenant can recover damages in an amount equal to twice the deposit plus court costs and reasonable attorney fees. The 2x penalty is one of the stronger statutory remedies in the country, paired with the itemization requirement.

Chicago Residential Landlord and Tenant Ordinance (RLTO)

For Chicago rentals, the Chicago RLTO adds additional requirements on top of the state law: a 45-day deadline for the return (regardless of deductions), interest on deposits held over 6 months, and an unconditional 2x penalty for missing the deadline. The RLTO applies to most Chicago rentals except owner-occupied 6-or-fewer unit buildings.

How to use this calculator

Enter the move-out date, forwarding address date, and deposit amount. The calculator returns Illinois's 30/45-day deadlines and the 2x penalty exposure if the deadline is missed.

Frequently asked questions about Illinois security deposits

How long does a landlord have to return a security deposit in Illinois?

30 days if no deductions are claimed; 45 days with a written itemized statement if deductions are claimed (765 ILCS 710). Applies to buildings with 5 or more units.

What is the penalty if an Illinois landlord misses the deposit deadline?

Under 765 ILCS 710/1(c), the tenant can recover damages equal to twice the deposit plus court costs and reasonable attorney fees. The 2x penalty is one of the stronger statutory remedies in the country.

Does Chicago have stricter rules than Illinois state law?

Yes. The Chicago Residential Landlord and Tenant Ordinance (RLTO) requires a 45-day deadline regardless of deductions, requires interest on deposits held over 6 months, and applies a 2x penalty automatically. Applies to most Chicago rentals except owner-occupied 6-or-fewer unit buildings.

Does the Illinois deposit statute apply to all buildings?

No. 765 ILCS 710 applies only to buildings with 5 or more units. Smaller buildings follow common-law reasonableness, which generally means returning the deposit within a reasonable time (typically interpreted as 30 to 45 days).

What must be included in the Illinois itemized statement?

The itemized statement must list each deduction, the cost, and either paid receipts or estimates for the work. Failing to provide the itemization within 30 days forfeits the right to claim deductions, regardless of whether the underlying damage was legitimate.