How do I dispute a security deposit return in Illinois?
Illinois deposit law combines the Security Deposit Return Act (765 ILCS 710) and the Security Deposit Interest Act (765 ILCS 715), plus stronger local ordinances in Chicago and Evanston.
1. Building-Size Trigger
The Security Deposit Return Act applies only to landlords with 5 or more residential units. Smaller landlords are governed solely by the lease and common law.
2. Deadlines
3. Allowed vs. Prohibited Deductions
Permitted: unpaid rent and actual cost of repairs for tenant-caused damage. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.
4. 2x Penalty
Failure to provide the itemized statement and receipts within the deadlines makes the landlord liable for two times the deposit amount, plus court costs and reasonable attorney's fees (765 ILCS 710/1(c)).
5. Interest Requirement
Under the Security Deposit Interest Act, landlords with 25+ units must pay interest on deposits held longer than 6 months at a rate set annually by the IL Dept. of Financial and Professional Regulation.
6. Chicago RLTO
Chicago's Residential Landlord and Tenant Ordinance (Muni Code Ch. 5-12) provides stronger protections: 2x deposit + $100/month penalty for commingling, plus attorney's fees.
7. Small Claims & Limitations
File in Illinois small claims (up to $10,000). The statute of limitations is 10 years for written leases (735 ILCS 5/13-206) or 5 years for oral (§ 13-205).
This is legal information, not legal advice.
- Landlord retaliating with bogus deductions after a tenant complaint
- High-value deposit (luxury Chicago rental) where 2x + RLTO penalties stack
- Habitability defense claim alongside the deposit dispute
- 765 ILCS 710
- 765 ILCS 715
- Chicago RLTO Ch. 5-12
- 735 ILCS 5/13-206
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.