Illinois has two short state laws on residential security deposits. The Security Deposit Return Act (765 ILCS 710) covers deadlines and deductions for damage, for landlords of residential property with 5 or more units; if your building has fewer, those deadlines may not apply to you, so check your lease and any city ordinance. The Security Deposit Interest Act (765 ILCS 715) covers interest in larger buildings. This guide explains both, with a link to the statute for each point.
This is general information, not legal advice. Your lease and local rules may add requirements. Check the linked official source, or talk to a qualified local advisor about your situation.
At a glance
| Topic | What the statute says | Source |
|---|---|---|
| Who it covers | Landlords of residential property with 5 or more units | 765 ILCS 710/1(a) |
| Damage statement | Itemized statement with costs and paid receipts within 30 days, if the landlord wants to keep money for damage | 765 ILCS 710/1(a) |
| No statement | Full deposit back within 45 days of the date you vacated | 765 ILCS 710/1(a) |
| Wear and tear | Lease-specified charges must be for damage beyond normal wear and tear | 765 ILCS 710/1(a) |
| Bad faith | Twice the deposit due, plus court costs and attorney's fees | 765 ILCS 710/1(c) |
| Interest | Owed in properties with 25 or more units, on deposits held more than 6 months | 765 ILCS 715/1 |
For more context on security deposit rules across states, see the security deposit rules by state guide.
See how this compares with other states in how long a landlord has to return a security deposit.
Return deadline
If the landlord wants to keep money for damage. The landlord may not withhold any part of the deposit for property damage unless, within 30 days, the landlord gives you an itemized statement of the damage and the estimated or actual cost to repair or replace each item, with paid receipts (or copies) attached. The 30 days run from the date you vacated or the date your right of possession ended, whichever is later (765 ILCS 710/1(a)).
How the statement is delivered. By personal delivery, by postmarked mail to your last known address, or by email to a verified email address you provided (765 ILCS 710/1(a)).
Estimates. If the statement gives estimated costs, the landlord must send the paid receipts (or copies) within 30 days after the statement was furnished (765 ILCS 710/1(a)).
If there's no statement. If the landlord doesn't provide the statement and receipts as required, the full deposit must be returned within 45 days of the date you vacated (765 ILCS 710/1(a)).
Leave an address. If you don't give the landlord a mailing address or email address, the landlord isn't liable for damages or penalties that result from your not providing one (765 ILCS 710/1(a)).
Bad faith. If a circuit court finds the landlord refused to supply the itemized statement, or supplied it in bad faith, and failed to return the amount due on time, the landlord is liable for twice the amount of the deposit due, plus court costs and reasonable attorney's fees (765 ILCS 710/1(c)).
For more on telling wear from damage, see our guide to normal wear and tear.
Allowed deductions
The Return Act describes a deposit that secures payment of rent or compensates for damage to the premises, and sets these rules for damage deductions (765 ILCS 710/1(a)):
- Itemized and receipted. Each item needs its repair or replacement cost, with paid receipts attached.
- Landlord's own labor. If the landlord does the repair personally, the reasonable cost of that labor may be included.
- Charges set in the lease. If a written lease specifies the cost of cleaning, repairing, or replacing a component, the landlord may withhold that amount. Those costs must be for damage beyond normal wear and tear, and reasonable to restore the unit to its condition when the lease began. The statement must reference the lease amount and include a copy of the relevant part of the lease.
Missing receipts. If, through no fault of the landlord, receipts can't be produced, the landlord must provide an itemized list of costs, any other evidence of the cost, and a verified statement explaining why the receipts aren't available (765 ILCS 710/1(b)).
Interest
When interest is owed. A landlord of residential property with 25 or more units, in one building or in a complex on contiguous parcels, must pay interest on any deposit held for more than 6 months. Interest runs from the date of the deposit (765 ILCS 715/1).
The rate. It equals the rate the largest commercial bank headquartered in Illinois (by total assets) paid on minimum deposit passbook savings accounts as of December 31 of the year before your rental agreement began (765 ILCS 715/1).
When it's paid. Within 30 days after the end of each 12-month rental period, the landlord must pay accumulated interest of $5 or more, in cash or as a credit toward rent, unless you're in default under the lease. When the tenancy ends, all unpaid interest is due, whatever the amount (765 ILCS 715/2).
If it isn't paid. A landlord a circuit court finds willfully failed or refused to pay the required interest is liable for an amount equal to the deposit, plus court costs and reasonable attorney's fees (765 ILCS 715/2). The Interest Act doesn't apply to deposits for public housing (765 ILCS 715/3).
Some cities and counties have their own deposit rules as well, so check local requirements where you live.
You can also work through our move-in checklist on day one and our move-out checklist on your last day.
What to keep on record at move-in and move-out
Illinois deductions come down to an itemized statement and receipts. Your own dated records let you check each line.
- At move-in: photograph every room (wide shot, then close-ups of existing marks) and send the landlord a dated list of existing issues. The move-in inspection checklist walks through it room by room.
- Read the lease for set charges: note any cleaning or repair amounts the lease specifies, and keep a copy of that page.
- During the tenancy: log problems when you notice them, and keep the landlord's replies.
- At move-out: repeat the same photos in the same order. The rental damage photo checklist covers useful angles and close-ups.
- Paper trail: keep the date you moved out and returned the keys, and a copy of the forwarding mail or email address you gave.
- After move-out: compare the itemized statement and receipts with your photos. The security deposit evidence checklist covers what to gather if something is unclear.
An organized, dated record makes a damage statement easy to review rather than easy to dispute. RentSeal is one way to keep that record: move-in photos organized by room, issues logged with dates, and an evidence pack you can export as a PDF or share as a read-only link if your deposit is ever disputed.
Ask for it in writing
If the deadline has passed or you disagree with a deduction, put it in writing. Our free security deposit demand letter writes a polite, dated letter that names your state's law, lists each charge you dispute and asks for the money or for receipts within a set number of days. Nothing you type leaves your browser.
Sources
- Security Deposit Return Act, 765 ILCS 710, Illinois General Assembly: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2202&ChapterID=62 (Last checked: September 28, 2026)
- Security Deposit Interest Act, 765 ILCS 715, Illinois General Assembly: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2203&ChapterID=62 (Last checked: September 28, 2026)
Before you act
This is general information, not legal advice. Deposit rules change, and your lease or local rules may add requirements. For your own situation, read the linked official source or speak with a qualified local advisor.