Illinois · Security Deposits
Security Deposit Not Returned in Illinois: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Illinois.
This page explains Illinois state law on security deposits. It covers what your landlord can keep, the deadlines to send you a list of costs and return the rest, and interest on large buildings. It also walks through the steps to get your deposit back, including small claims court. Some cities add stricter rules, so check your city's guide too.
What the law says
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For most rentals, no statewide law limits how much your landlord can ask for as a security deposit. Most landlords ask for 1 or 2 months' rent. A mobile home park landlord cannot charge more than 1 month's rent. Public housing and project-based housing have their own caps. Some cities and suburban Cook County set their own deposit rules, including caps. Check your city's guide.
Sources:- Landlord and Tenant Rights and Laws fact sheet, Security Deposits, Illinois Attorney General. A government guide.
- How much can a security deposit be?, Illinois Legal Aid Online. A nonprofit group.
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Under Illinois state law, your landlord must pay you interest if your building or complex has 25 or more units. This applies only if your landlord holds the deposit for more than 6 months. The rate is the passbook savings rate (the rate for a basic savings account). It is set by the largest bank in Illinois on December 31 before your lease began. The state law does not cover buildings with 24 or fewer units or public housing.
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Some Illinois cities require interest on more deposits. In Chicago, interest applies unless the building is owner-occupied and has 6 or fewer units. In Urbana, interest must be paid on all deposits over $100 held for more than 6 months.
Source:- When do security deposits earn interest?, Illinois Legal Aid Online. A nonprofit group.
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Your landlord must pay the interest within 30 days after the end of each 12-month rental period. Your landlord can pay cash or give a credit on your rent. This applies once the interest adds up to $5 or more.
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Your landlord may use the deposit for unpaid rent and for restoring the unit to its original condition. Your landlord may not charge you for normal wear and tear (damage from reasonable use over time, like small nail holes). Repair charges must be for damage beyond normal wear and tear. If your lease lists a set price for a repair, that price must also be for damage beyond normal wear and tear.
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Since January 1, 2024, this rule covers every landlord of a rented home in Illinois. To keep any part of your deposit for damage, your landlord must send you an itemized statement (a list of each item and its cost). The deadline is 30 days after you move out, or 30 days after your right to be there ends, whichever is later. Your landlord may hand it to you, mail it to your last known address, or email it to an email address you gave and confirmed.
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The landlord's statement must include paid receipts for each repair. Sometimes the landlord sends a cost guess instead of receipts. Then the landlord must send the paid receipts within 30 days after that. If the landlord did the work, the statement may include a fair charge for that work.
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If your landlord does not send the statement and receipts on time, your landlord must return your whole deposit. The deadline is 45 days after you move out. Your landlord may hand it to you or mail it to the address you gave.
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The landlord does not have to make this yearly interest payment while you are in default under the terms of your lease. When you move out, your landlord must pay all unpaid interest, whatever the amount.
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Ask for your deposit back
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Before you leave, take dated photos or video of every room, wall, and closet. Ask your landlord to walk through the home with you and talk about any damage. If your landlord refuses, write a list of the home's condition, and have a witness sign and date it with you. Return all keys right away. If you hand them over in person, ask for a receipt. If you mail them, use a method with tracking and keep the tracking number.
Source:- Return possession to the landlord, Illinois Legal Aid Online. A nonprofit group.
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Give your landlord your new mailing address or an email address in writing before you leave. If you do not, the law does not make your landlord pay any penalty for a late statement or a late refund.
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After the deadline passes, send your landlord a demand letter (a letter asking for the deposit back). Give a deadline to respond and say how to reach you. Send it by certified mail or another way that proves delivery, and keep a copy. Illinois Legal Aid Online has a free program that writes this letter for you. Save texts and emails as well; they are also a record of what you sent.
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If your landlord does not pay
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If your landlord refuses on purpose to pay the interest, a court can order your landlord to pay you an amount equal to your deposit. The court can add court costs and lawyer's fees.
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This applies when your landlord refuses to send the statement, or sends one in bad faith, and keeps the deposit past the deadline. A court can then order your landlord to pay you 2 times the deposit. On a $1,200 deposit, that is $2,400. The court can also make your landlord pay your court costs and reasonable lawyer's fees. You get this money only if you win your case and your landlord pays.
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Going to court
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If your landlord still does not pay, you can sue in small claims court for $10,000 or less. File in the county where the home is or where your landlord lives. Attach a copy of your lease or any other written agreement about the deposit. If you cannot afford the filing fee, ask the court for a fee waiver (permission to file for free or at a lower cost).
Sources:- Filing fee and fee waiver, Illinois Courts. A government guide.
- Prepare court papers for filing, Illinois Legal Aid Online. A nonprofit group.
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Collect your evidence. Keep any written lease or agreement, photos, screenshots, and emails. Find any witnesses who may need to speak in court. Your landlord may bring up claims for property damage, unpaid rent, or other costs, to defend what they did.
Sources:- Decide whether to sue, Illinois Legal Aid Online. A nonprofit group.
- Get ready to draft the complaint, Illinois Legal Aid Online. A nonprofit group.
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