How long a landlord has to return your deposit, and what you can claim if they miss it
This page covers residential security deposits in Illinois, where a landlord has kept some or all of a deposit after a tenancy ends.
It does not cover:
Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.
Measured from the date you vacated the premises.
Full return of the deposit within 45 days of vacating. The landlord may instead provide an itemized statement of damages plus paid receipts within 30 days (a separate itemization duty); if they fail that, the full deposit must come back within the 45 days.
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 ↗The clock does not start on the day you decided to leave. In Illinois it starts the date you vacated the premises — for most leases that is the date you hand back the keys, not the date your notice period began.
““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)
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.
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Illinois Security Deposit Rules
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45 days, counted from the date you vacated the premises. 765 ILCS 710/1(a).
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld. 765 ILCS 710/1(c)
It runs from the date you vacated the premises — the date you vacated and returned the keys, not the date your notice period began.
No — The small-claim limit is $10,000 (exclusive of interest and costs), set by Illinois Supreme Court Rule 281 rather than a statute. A deposit claim above that amount is filed in the regular civil division of the Circuit Court.