General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Illinois law does not cap the amount of a security deposit statewide.
- To keep any part of the deposit for damage, the landlord must send an itemized statement within 30 days after move out; otherwise the full deposit is due within 45 days.
- The statement must list each item of damage with its cost and include paid receipts, or the receipts must follow within 30 days if estimates were used.
- Landlords with 25 or more units in a building or complex must pay interest on deposits held more than six months.
- A landlord who refuses to give the statement, or gives it in bad faith, and does not return the deposit on time owes twice the deposit plus court costs and attorney fees.
Illinois does not cap deposits statewide, but the Security Deposit Return Act sets firm deadlines for itemizing damage and returning the money. Larger buildings must also pay interest on deposits.
Illinois security deposits at a glance
| Rule | Illinois | Law |
|---|---|---|
| Deposit limit | Illinois law does not cap the amount of a security deposit statewide. | Security Deposit Return Act (765 ILCS 710) |
| Deadline to return the deposit | To keep any part of the deposit for damage, the landlord must send an itemized statement within 30 days after move out; otherwise the full deposit is due within 45 days. | 765 ILCS 710/1 |
| Itemized deductions | The statement must list each item of damage with its cost and include paid receipts, or the receipts must follow within 30 days if estimates were used. | 765 ILCS 710/1 |
| Interest on deposits | Landlords with 25 or more units in a building or complex must pay interest on deposits held more than six months. | Security Deposit Interest Act (765 ILCS 715/1) |
| Penalty for wrongful withholding | A landlord who refuses to give the statement, or gives it in bad faith, and does not return the deposit on time owes twice the deposit plus court costs and attorney fees. | 765 ILCS 710/1 |
How much you can collect
Deposit limit. Illinois law does not cap the amount of a security deposit statewide. (Security Deposit Return Act (765 ILCS 710))
Holding the deposit
Interest on deposits. Landlords with 25 or more units in a building or complex must pay interest on deposits held more than six months. (Security Deposit Interest Act (765 ILCS 715/1))
Deductions and normal wear and tear
A deposit can cover unpaid rent and damage beyond normal wear and tear. Everyday aging, such as faded paint, small nail holes or light carpet wear, is not damage.
Itemized deductions. The statement must list each item of damage with its cost and include paid receipts, or the receipts must follow within 30 days if estimates were used. (765 ILCS 710/1)
Returning the deposit
Deadline to return the deposit. To keep any part of the deposit for damage, the landlord must send an itemized statement within 30 days after move out; otherwise the full deposit is due within 45 days. (765 ILCS 710/1)
Penalties for wrongful withholding
Penalty for wrongful withholding. A landlord who refuses to give the statement, or gives it in bad faith, and does not return the deposit on time owes twice the deposit plus court costs and attorney fees. (765 ILCS 710/1)
Mistakes to avoid
- Skipping a dated move-in condition report with photos, then having nothing to compare against at move out.
- Charging for normal wear and tear.
- Missing the return deadline, even by a few days.
- Not asking for a forwarding address before the tenant leaves.
- Losing track of deposit money by mixing it with operating funds without a ledger.
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General information, not legal advice.
Verify current law
We last checked these Illinois rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Illinois attorney about your situation.
Laws named on this page
- Security Deposit Return Act (765 ILCS 710)
- 765 ILCS 710/1
- Security Deposit Interest Act (765 ILCS 715/1)
Official sources
Illinois forms for this topic
Letters and checklists for this topic
Where landlords trip up.
Is there a limit on security deposits in Illinois?
Illinois law does not cap the amount of a security deposit statewide. Source: Security Deposit Return Act (765 ILCS 710).
How long does a Illinois landlord have to return a deposit?
To keep any part of the deposit for damage, the landlord must send an itemized statement within 30 days after move out; otherwise the full deposit is due within 45 days. Source: 765 ILCS 710/1.
Do Illinois landlords have to pay interest on deposits?
Landlords with 25 or more units in a building or complex must pay interest on deposits held more than six months. Source: Security Deposit Interest Act (765 ILCS 715/1).
What happens if a Illinois landlord keeps a deposit wrongly?
A landlord who refuses to give the statement, or gives it in bad faith, and does not return the deposit on time owes twice the deposit plus court costs and attorney fees. Source: 765 ILCS 710/1.