Illinois security deposit law: the 30-day statement, the 45-day refund, and who counts as a landlord now

The two deadlines

To withhold any part of a deposit for damage, the landlord must send an itemized statement of the damage and its cost within 30 days of move-out, attaching paid receipts. 765 ILCS 710/1.

Without that statement, the full deposit must be returned within 45 days. A landlord who withholds wrongfully can owe twice the amount due, plus court costs and reasonable attorney’s fees. 765 ILCS 710/1.

Who the law now covers

Since January 1, 2024 the Security Deposit Return Act covers every residential landlord in Illinois — the old exemption for landlords with fewer than five units was repealed, so small landlords are bound by the same deadlines. Deposits in buildings of 25 or more units must also earn interest. 765 ILCS 715.

The cap question and where a claim goes

Illinois has no statewide cap, but local ordinances add limits: suburban Cook County caps the deposit at 1.5 times the monthly rent and requires it to be held in a separate federally insured Illinois account (Cook County Code § 42-811), and Chicago’s ordinance imposes receipt, escrow and interest duties — check which ordinance covers your address. Claims go to small claims in the Circuit Court (limit $10,000); filing fees vary by county, roughly $20 to $175.

Common questions

How long does an Illinois landlord have to return a deposit?

45 days to return it in full if no itemized statement is sent. If the landlord keeps any part for damage, an itemized statement with paid receipts must arrive within 30 days — 765 ILCS 710/1.

Does the five-unit exemption still exist?

No. Since January 1, 2024 the Act covers every residential landlord in Illinois; the old exemption for landlords with fewer than five units was repealed.

Is there a cap in Chicago?

No statewide cap. Suburban Cook County caps deposits at 1.5 months’ rent (Cook County Code § 42-811), and Chicago’s ordinance adds receipt, escrow and interest duties — which local rule applies depends on your address.

Is this legal advice?

No. This page is general information about Illinois law, with sources. It is not tailored to your situation and we are not a law firm.

Related guides

• How long does a landlord have to return a security deposit?
• What to do if your landlord will not return your security deposit
• California security deposit law: the 21-day rule and what it costs a landlord to get it wrong
• New York security deposit law: the 14-day rule and the one-month cap