Illinois Security Deposit Rules: Caps, Lawful Deductions & Penalties (2026)

How much a landlord can charge, and which deductions are actually legal

At a glance

Who this covers — and who it does not

This page covers how much a landlord may charge in Illinois, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.

It does not cover:

How much the landlord may charge in the first place

Illinois has no statewide statutory cap on security deposits (neither 765 ILCS 705 nor 710 nor 715 sets one). The 1.5-month cap is a City of Chicago ordinance (RLTO), not state law — see localOverrideNote.

Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.

Which deductions the statute permits

Claimed deductionPermitted in Illinois
Unpaid rentPermitted, if substantiated
Damage beyond ordinary wear and tearPermitted, if substantiated
Repairs and cleaning for which the landlord provides paid receiptsPermitted, if substantiated
Charges for cleaning, repair, or replacement at the price stated in the written lease (when above ordinary wear and tear and reasonable)Permitted, if substantiated

Which deductions the statute does not permit

Claimed deductionPermitted in Illinois
Ordinary wear and tearNot permitted
Repairs or cleaning without paid receipts (or a lawful substitute under §710/1(b))Not permitted
Charges not identified in the itemized statementNot permitted
Deductions taken without providing the itemized statement within 30 daysNot permitted

Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.

Who has to prove what

In a dispute over deductions, the landlord must justify each deduction and show the damage exceeds ordinary wear and tear. Illinois does not allow deductions for ordinary wear and tear, and the landlord must provide paid receipts to substantiate actual repair or cleaning costs.

In Illinois the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. 765 ILCS 710/1(a) ↗

What you can claim if deductions are unlawful

Tools that exist in Illinois

The 30-day itemization vs. 45-day return distinction

Illinois has two different clocks that commercial guides routinely conflate. The landlord has 30 days to provide an itemized statement with paid receipts; if they fail, the full deposit must be returned within 45 days. Telling a tenant only about "30 days" understates their rights — the correct full story is 30 days to itemize, 45 days to return.

765 ILCS 710/1(a) ↗

Universal coverage since 2024 — the 5-unit limit is gone

Older materials said the Security Deposit Return Act applied only to buildings with 5 or more units. P.A. 103-224 (effective January 1, 2024) deleted that restriction, so the return and itemization duties now apply to all residential tenancies regardless of building size.

765 ILCS 710/1(a) ↗

Statute of limitations: 10 years on a written lease

A deposit claim under a written lease is an action on a written contract, subject to a 10-year limitations period under 735 ILCS 5/13-206. If there is no written lease, the 5-year period under 13-205 applies. This is far longer than many tenants assume.

735 ILCS 5/13-206; 13-205 ↗

Common landlord defences and how to answer them

““Cleaning fee $400.””

Illinois requires an itemized statement of damages together with paid receipts within 30 days of vacating. A single blanket figure is not compliant. Provide the specific cleaning performed, the paid receipt, and a showing that the cleaning was beyond ordinary wear and tear.

765 ILCS 710/1(a)

““You owe repairs — wall and carpet damage.””

You must produce paid receipts substantiating the actual repair cost, and show the damage exceeds ordinary wear and tear. Illinois does not permit a deduction for ordinary wear and tear, and without receipts the charge cannot stand.

765 ILCS 710/1(a)

““I did not have to return anything — you never asked.””

The return obligation is not conditioned on any request. If no compliant itemized statement and receipts were provided, the full deposit was due within 45 days of vacating. Failure to return it exposes you to 2x the amount due plus court costs and attorney fees.

765 ILCS 710/1(a), (c)

““The deduction was authorized by the lease.””

A lease may set a price for cleaning, repair, or replacement only if the amount is above ordinary wear and tear and reasonable, and the itemized statement must cite and attach the relevant lease provision. A lease term does not authorize a deduction for ordinary wear and tear or an unsubstantiated charge.

765 ILCS 710/1(a)

Where sources disagree

Some widely circulated summaries of Illinois deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.

Return deadline (30 vs 45 days)

SourceWhat it says
Nolo, LeaseBase, and many commercial guides30 days
Statute text 765 ILCS 710/1(a)30 days to itemize, 45 days to return in full

What we follow: 30 days to provide the itemized statement + receipts; 45 days to return the full deposit when no compliant statement is provided

The statute sets two distinct obligations. The 30-day figure is the itemization deadline; the 45-day figure is the full-return deadline triggered by noncompliance. Guides that report only "30 days" are reporting the itemization clock as if it were the return clock.

Deposit cap

SourceWhat it says
Many guides1.5 months of rent
765 ILCS 705/710/715No statewide cap

What we follow: No statewide cap — shown for reference only

A full read of all three Acts shows no deposit-cap provision. The 1.5-month figure is the City of Chicago RLTO, a municipal ordinance, not state law.

Whether the 2x penalty is automatic

SourceWhat it says
Some generic checklistsAutomatic 2x once late
Statute text 765 ILCS 710/1(c)Requires a court finding of refusal / bad faith / failure to return the amount due

What we follow: Not automatic — requires a court finding

The statute conditions liability on a circuit court finding of refusal, bad faith, or failure to return the amount due. Being late alone does not guarantee the multiplier.

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

StatuteLast verifiedSource
765 ILCS 710/1(a) 2026-10-15 official text ↗
765 ILCS 710/1(c) 2026-10-15 official text ↗
765 ILCS 715/2 2026-10-15 official text ↗
735 ILCS 5/13-206; 13-205 2026-10-15 official text ↗

Primary reference: 765 ILCS 710 (Security Deposit Return Act). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Illinois guides

Illinois Security Deposit Return

→ All Illinois tenant rights topics

Common questions

What can a landlord not deduct from my Illinois deposit?

The statute does not permit deductions for: ordinary wear and tear; repairs or cleaning without paid receipts (or a lawful substitute under §710/1(b)); charges not identified in the itemized statement; deductions taken without providing the itemized statement within 30 days.

Who has to prove that a deduction was justified in Illinois?

The landlord. In a dispute over deductions, the landlord must justify each deduction and show the damage exceeds ordinary wear and tear. Illinois does not allow deductions for ordinary wear and tear, and the landlord must provide paid receipts to substantiate actual repair or cleaning costs.

How much can a landlord charge as a deposit in Illinois?

Illinois has no statewide statutory cap on security deposits (neither 765 ILCS 705 nor 710 nor 715 sets one). The 1.5-month cap is a City of Chicago ordinance (RLTO), not state law — see localOverrideNote.

Is ordinary wear and tear deductible from my Illinois deposit?

No. Ordinary wear and tear