How much a landlord can charge, and which deductions are actually legal
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:
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.
| Claimed deduction | Permitted in Illinois |
|---|---|
| Unpaid rent | Permitted, if substantiated |
| Damage beyond ordinary wear and tear | Permitted, if substantiated |
| Repairs and cleaning for which the landlord provides paid receipts | Permitted, 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 |
| Claimed deduction | Permitted in Illinois |
|---|---|
| Ordinary wear and tear | Not permitted |
| Repairs or cleaning without paid receipts (or a lawful substitute under §710/1(b)) | Not permitted |
| Charges not identified in the itemized statement | Not permitted |
| Deductions taken without providing the itemized statement within 30 days | Not 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.
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) ↗
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
The 2x penalty requires a court finding that the landlord refused to provide the statement, furnished it in bad faith, or failed to return the amount due within the statutory period. It is NOT automatic. Note the basis: the statute awards "twice the amount of the security deposit due" — the "due" is the portion wrongfully withheld, not necessarily the full deposit. This is closer to Texas's wrongfully-withheld basis than to California/New York's full-deposit basis, and must never be cross-cited.
765 ILCS 710/1(c) ↗The tenant may recover the landlord's attorney fees.
Court costs and reasonable attorney fees are available only when the court makes the §710/1(c) finding (refused statement / bad faith statement / failed to return the amount due). Without that finding there is no fee-shifting under this Act.
765 ILCS 710/1(c) ↗No statutory penalty beyond returning the deposit.
No separate flat penalty exists under §710. The interest Act (765 ILCS 715) has its own willful-failure penalty — equal to the deposit — but that applies only to landlords of buildings with 25 or more units, so most residential tenants cannot rely on it.
765 ILCS 715/2 ↗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) ↗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) ↗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 ↗““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)
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.
| Source | What it says |
|---|---|
| Nolo, LeaseBase, and many commercial guides | 30 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.
| Source | What it says |
|---|---|
| Many guides | 1.5 months of rent |
| 765 ILCS 705/710/715 | No 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.
| Source | What it says |
|---|---|
| Some generic checklists | Automatic 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.
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.
| Statute | Last verified | Source |
|---|---|---|
| 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.
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.
Illinois Security Deposit Return
→ All Illinois tenant rights topics
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.
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.
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.
No. Ordinary wear and tear