Illinois Security Deposit Return Deadline & Penalty Calculator
Thursday, November 12, 2026
Computed as 30 calendar days under 765 ILCS 710/1.
Illinois Small Claims Court cap: $10,000 — eligible for Small Claims Court filing.
Illinois Security Deposit Rules at a Glance (765 ILCS 710/1)
Under the Illinois Security Deposit Return Act (765 ILCS 710/1), if deductions are claimed for property damage, the landlord must furnish an itemized statement of damages with estimated or actual repair costs within 30 calendar days of vacating (and paid receipts within 30 days of that statement). If no deductions are claimed, the full deposit must be returned within 45 calendar days.
| Deadline (No Deductions) | 45 calendar days |
|---|---|
| Deadline (With Itemized Deductions) | 30 calendar days |
| Maximum Deposit Cap | No statewide statutory cap in Illinois, EXCEPT in Cook County (outside Chicago) where the Cook County RTLO caps security deposits at 1.5 months' rent. |
| Bad-Faith / Late Penalty | Under 765 ILCS 710/1(c), if a court finds that a landlord has refused to supply the itemized damage statement within 30 days, or has supplied it in bad faith, or has failed to return the deposit within 45 days, the landlord is liable for an amount equal to twice (2x) the security deposit due, together with court costs and reasonable attorney's fees. |
| Deposit Interest Rule | Statewide under 765 ILCS 715/1, landlords leasing 25+ units in a single complex must pay annual interest on deposits held over 6 months. In the City of Chicago (RLTO), landlords of most non-owner-occupied buildings must pay annual interest regardless of unit count. |
| Small Claims Court Limit | $10,000 |
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Key Illinois Statutory Nuances & Documentation Rules
- 30-Day Itemized Notice vs. 45-Day Refund Window: In Illinois, a landlord deducting for damages has 30 days to deliver the itemized statement (and 30 days after an estimate to provide paid receipts), while a clean refund with no deductions is due within 45 days.
- Statewide Statute Applies to All Residential Units (Post-Amendment): Following legislative expansion of 765 ILCS 710/1, the 30/45-day return rules and receipt obligations apply broadly to residential lessors across Illinois (not just 5+ unit buildings as under pre-2024 law).
- Chicago RLTO & Suburban Cook County Overrides: Properties governed by the Chicago Residential Landlord and Tenant Ordinance (RLTO § 5-12-080) or Cook County RTLO face strict municipal rules, mandatory deposit interest disclosures, and automatic 2x total deposit penalties for commingling funds.
- Electronic Delivery & Direct Deposit Option: Under 765 ILCS 710/1, itemized statements and paid receipts may be delivered by email if the tenant provided an email address, and refunds may be returned electronically if the original deposit was paid electronically.
Naperville Townhouse Move-Out with Missed 30-Day Itemized Statement
A tenant vacates a Naperville, Illinois townhouse on June 30, 2026 after paying a $2,100 deposit. If the landlord intends to withhold $850 for countertop damage, 765 ILCS 710/1(a) requires delivering an itemized statement of damages with estimated or actual costs within 30 calendar days—by Thursday, July 30, 2026 (and returning the remaining $1,250 within 45 days, by August 14, 2026). If the landlord withholds the $850 without sending an itemized statement by July 30, a court under 765 ILCS 710/1(c) may award the $850 unreturned balance plus $4,200 (2x the $2,100 deposit) plus court costs and reasonable attorney's fees in Illinois Small Claims Court (up to $10,000).
Illinois Security Deposit Return FAQs
Does an Illinois landlord have 30 days or 45 days to return a security deposit?
Both deadlines apply under 765 ILCS 710/1. If the landlord claims deductions for property damage, they must provide an itemized statement of damages within 30 calendar days after the tenant vacates. The actual refund of the remaining deposit balance (or the full deposit if no deductions are made) must be returned within 45 calendar days.
Does the Illinois Security Deposit Return Act still only apply to buildings with 5 or more units?
No. While older versions of 765 ILCS 710/1 applied only to properties with 5 or more units, Illinois amended the statute (effective January 1, 2024 under HB 1541 / P.A. 103-0224) to remove the 5-unit threshold so that the 30-day itemized statement and 45-day return rules apply to all residential lessors statewide.
What is the penalty in Illinois if a landlord wrongfully keeps a security deposit?
Under 765 ILCS 710/1(c), if a landlord refuses to supply the required itemized statement within 30 days, supplies it in bad faith, or fails to return the deposit within 45 days, the landlord is liable for twice the security deposit amount due, plus court costs and reasonable attorney's fees.
How do Chicago RLTO security deposit rules differ from Illinois state law?
In the City of Chicago (for non-owner-occupied buildings or buildings with 7+ units), the Chicago RLTO (§ 5-12-080) requires holding deposits in a segregated federally insured Illinois account, disclosing the bank name on the lease, paying annual interest, and subjects violations to a strict penalty of 2x the full security deposit plus interest and attorney's fees.