🏠 ILLINOIS · SECURITY DEPOSIT LAW
Security deposits in Illinois
In Illinois, 765 ILCS 710/1 gives your landlord 30 days to send you an itemized statement of damage with paid receipts, and — if no statement is sent — 45 days to return the deposit in full. Illinois sets no statutory cap on the deposit amount. Miss that deadline and the consequence is specific: twice the deposit due, plus court costs and attorney fees.
The Illinois statute
VERIFIED PRIMARY SOURCE
§ 765 ILCS 710/1 (Security Deposit Return Act)
To withhold any part of a deposit for damage, the lessor must furnish an itemized statement of the damage and the repair cost, with paid receipts, within 30 days of the date the lessee vacated or the right of possession ended, whichever is later. If no statement and receipts are furnished, the full deposit is due within 45 days of vacating. Refusing to supply the statement, or supplying it in bad faith, makes the lessor liable for twice the deposit due plus court costs and reasonable attorney’s fees (710/1(c)). Public Act 103-224, effective Jan 1 2024, removed the former "containing 5 or more units" limitation, so the Act now applies regardless of building size. Verified against primary statute text (ilga.gov) 2026-07-27.
Read the Illinois source text →Illinois deadlines at a glance
| Rule | What Illinois requires |
|---|---|
| Deadline to return or itemize | 30 days for the itemized statement; 45 days for a full refund if none is sent |
| Maximum deposit | No statutory limit (state law) |
| If the landlord misses the deadline | Twice the deposit due, plus court costs and attorney fees |
| Governing statute | 765 ILCS 710/1 |
Itemized statement of damage with paid receipts is due within 30 days of vacating; if none is furnished the FULL deposit is due within 45 days. P.A. 103-224 (eff. Jan 1, 2024) removed the former "5 or more units" limitation, so the Act now applies regardless of building size. Local ordinances (e.g. Chicago RLTO) may add stricter rules. Every figure here was read from the Illinois statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in Illinois
The 45 days clock in Illinois765 ILCS 710/1 sets Illinois's deadline at 45 days from the end of the tenancy. Itemized statement of damage with paid receipts is due within 30 days of vacating; if none is furnished the FULL deposit is due within 45 days. P.A. 103-224 (eff. Jan 1, 2024) removed the former "5 or more units" limitation, so the Act now applies regardless of building size. Local ordinances (e.g. Chicago RLTO) may add stricter rules.
Illinois does not cap the depositIllinois sets no statutory ceiling on the deposit amount, so the lease controls how much you can be charged. The return deadline and itemization rules in 765 ILCS 710/1 still apply in full.
Itemization is the condition of keeping anythingWithholding any part of the deposit in Illinois requires a written, itemized statement within the 45 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in IllinoisTwice the deposit due, plus court costs and attorney fees — that is the remedy 765 ILCS 710/1 attaches to a late or missing statement, which is why the date you moved out and the date you gave a forwarding address both matter.
What to do in Illinois, in order
- Write down the date the tenancy ended and you handed back possession — in Illinois the 45 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 45 days pass with no deposit and no itemized statement, send a demand letter citing 765 ILCS 710/1 and the penalty it carries.
- If the landlord still doesn't pay, Illinois small claims court handles deposit cases cheaply — and the statutory penalty (twice the deposit due, plus court costs and attorney fees) is what you ask the court to award.
Common questions about security deposits in Illinois
How long does my landlord have to return my security deposit in Illinois?
765 ILCS 710/1 gives your landlord 30 days to send you an itemized statement of damage with paid receipts, and — if no statement is sent — 45 days to return the deposit in full. Itemized statement of damage with paid receipts is due within 30 days of vacating; if none is furnished the FULL deposit is due within 45 days. P.A. 103-224 (eff. Jan 1, 2024) removed the former "5 or more units" limitation, so the Act now applies regardless of building size. Local ordinances (e.g. Chicago RLTO) may add stricter rules.
What happens if my Illinois landlord misses the deadline?
Twice the deposit due, plus court costs and attorney fees. That remedy is written into 765 ILCS 710/1 — you generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in Illinois?
Illinois sets no statutory maximum, so the amount is whatever the lease sets. The deadline and itemization requirements in 765 ILCS 710/1 still apply regardless of size.
Can my Illinois landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 45 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
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Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.