Illinois security deposit rules
Illinois sets no statutory limit on the size of a security deposit. The deposit must be returned itemized statement of damages (with paid receipts or estimates) within 30 days after the tenant vacates or the right of possession ends, whichever is later; if no compliant statement is furnished, the full deposit must be returned within 45 days after the tenant vacates. Landlord is not liable if the tenant never supplies a mailing or e-mail address., with an itemised list of any deductions. No interest is owed on the deposit under state law.
What the law requires
No statutory limit (statewide); local ordinances such as the Chicago RLTO and Cook County RTLO impose their own rules. Returned Itemized statement of damages (with paid receipts or estimates) within 30 days after the tenant vacates or the right of possession ends, whichever is later; if no compliant statement is furnished, the full deposit must be returned within 45 days after the tenant vacates. Landlord is not liable if the tenant never supplies a mailing or e-mail address.. interestRequired is false for the general case (most landlords owe no interest). Interest is required ONLY of lessors of 25 or more units in one building or contiguous complex, on deposits held more than 6 months, at the passbook-savings rate of the largest Illinois commercial bank as of the preceding Dec. 31; paid within 30 days after each 12-month period when accrued interest is $5 or more, and in full at move-out (765 ILCS 715). Smaller landlords owe no interest. Bad-faith withholding: 2x the deposit plus costs and attorney's fees (710/1(c)). P.A. 103-224 (eff. Jan. 1, 2024) rewrote 710/1: the former 5-or-more-units threshold no longer appears in the statute, e-mail delivery of the itemization is allowed, and lease-specified repair costs may be deducted. ilga.gov refused connections during verification; text read from Internet Archive (2024-2026) captures of the official pages, cross-checked against FindLaw (current as of Jan. 1, 2025).
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 45-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing 765 ILCS 710/1 (Security Deposit Return Act); 765 ILCS 715/1-2 (Security Deposit Interest Act). Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Illinois rules
- Late fees: No statewide statutory cap or grace period; no statute located. Late fees must be in the lease and reasonable (unenforceable penalty if excessive). The Landlord and Tenant Act (765 ILCS 705) was read in full and contains no late-fee section. The frequently cited '$20 or 20% of monthly rent, whichever is greater' rule is from the Self-Service Storage Facility Act (770 ILCS 95) and does not apply to residential rentals. Chicago (RLTO) and Cook County (RTLO) ordinances impose local caps and grace periods. Late fee calculator.
- Notice to end a tenancy: 30 days' written notice for a month-to-month tenancy (any tenancy for a term under one year other than week-to-week); 7 days for week-to-week (735 ILCS 5/9-207). The statute is written in terms of landlord notice; tenant notice of 30 days follows the same period by lease and common practice. Notice calculator.
- All rules on one page: Illinois landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Illinois?
There is no statutory cap in Illinois; the market and the lease decide. interestRequired is false for the general case (most landlords owe no interest). Interest is required ONLY of lessors of 25 or more units in one building or contiguous complex, on deposits held more than 6 months, at the passbook-savings rate of the largest Illinois commercial bank as of the preceding Dec. 31; paid within 30 days after each 12-month period when accrued interest is $5 or more, and in full at move-out (765 ILCS 715). Smaller landlords owe no interest. Bad-faith withholding: 2x the deposit plus costs and attorney's fees (710/1(c)). P.A. 103-224 (eff. Jan. 1, 2024) rewrote 710/1: the former 5-or-more-units threshold no longer appears in the statute, e-mail delivery of the itemization is allowed, and lease-specified repair costs may be deducted. ilga.gov refused connections during verification; text read from Internet Archive (2024-2026) captures of the official pages, cross-checked against FindLaw (current as of Jan. 1, 2025).
How long does a landlord have to return a security deposit in Illinois?
Itemized statement of damages (with paid receipts or estimates) within 30 days after the tenant vacates or the right of possession ends, whichever is later; if no compliant statement is furnished, the full deposit must be returned within 45 days after the tenant vacates. Landlord is not liable if the tenant never supplies a mailing or e-mail address.. The statute is 765 ILCS 710/1 (Security Deposit Return Act); 765 ILCS 715/1-2 (Security Deposit Interest Act).
Does a Illinois landlord have to pay interest on the security deposit?
No. Illinois law does not require interest on residential security deposits.