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Security Deposit Return in Illinois

September 27, 2026 · LawDiver Research Team

Illinois's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is No statewide cap (Chicago and some municipalities impose local limits). The return deadline is 30 days after the tenant vacates if no itemized deductions claimed in some postures; commonly 45 days with an itemized statement under the Security Deposit Return Act for covered landlords. Interest: Yes for landlords of 25 or more units holding a deposit more than 6 months — interest must be paid; Chicago RLTO imposes broader interest rules. The controlling authority is 765 ILCS 710/1. Wrongful withholding can support damages of up to twice the deposit plus attorney fees under the Security Deposit Return Act.

Key takeaways

Maximum deposit: No statewide cap (Chicago and some municipalities impose local limits)
Return deadline: 30 days after the tenant vacates if no itemized deductions claimed in some postures; commonly 45 days with an itemized statement under the Security Deposit Return Act for covered landlords
Interest: Yes for landlords of 25 or more units holding a deposit more than 6 months — interest must be paid; Chicago RLTO imposes broader interest rules.
Penalties: Wrongful withholding can support damages of up to twice the deposit plus attorney fees under the Security Deposit Return Act.
Primary authority: 765 ILCS 710/1.

Worked example under Illinois law

The illustration below uses only rules already stated for Illinois. It is a research hypothetical, not a prediction of what a court will do.

A residential tenant moves out of a Illinois rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: No statewide cap (Chicago and some municipalities impose local limits).
Calendar the return deadline: 30 days after the tenant vacates if no itemized deductions claimed in some postures; commonly 45 days with an itemized statement under the Security Deposit Return Act for covered landlords
Interest, if any: Yes for landlords of 25 or more units holding a deposit more than 6 months — interest must be paid; Chicago RLTO imposes broader interest rules.
If the landlord keeps money without the required accounting: Wrongful withholding can support damages of up to twice the deposit plus attorney fees under the Security Deposit Return Act.

Illinois has no statewide deposit cap, but Chicago and other cities add stricter rules. Covered landlords must return deposits with itemization on statutory timelines and may owe interest in larger buildings. Document condition and check local ordinances.

Deposit limits in Illinois

No statewide cap (Chicago and some municipalities impose local limits)

When the deposit must be returned

30 days after the tenant vacates if no itemized deductions claimed in some postures; commonly 45 days with an itemized statement under the Security Deposit Return Act for covered landlords

Interest and accounting

Yes for landlords of 25 or more units holding a deposit more than 6 months — interest must be paid; Chicago RLTO imposes broader interest rules.

Penalties for wrongful withholding

Wrongful withholding can support damages of up to twice the deposit plus attorney fees under the Security Deposit Return Act.

Practical process for tenants and landlords

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in Illinois

AURELIA LAWRENCE, Appellee, v. REGENT REALTY GROUP INC., Et Al., Appellants

AURELIA LAWRENCE, Appellee, v. REGENT REALTY GROUP INC., Et Al., Appellants, 197 Ill. 2d 1 (2001)

…egent), for failure to make annual interest payments on her security deposit as required by section 5-12-080(c) of Chicago's Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code § 5-12-080(c) (amended November 6, 1991)). The matter was tried before the court, sitting without a jury, which entered judgment in favor of Regent. The court denied Lawrence's claim…

On security deposits, AURELIA LAWRENCE, Appellee, v. REGENT REALTY GROUP INC., Et Al., Appellants speaks to the Illinois dispute in this passage: "Chicago's Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code § 5-12-080(c) (amended November 6, 1991)). The matter was tried before the court, sitting without a jury, which entered judgment in favor of Regent." The surrounding opinion shows how the court applied that language to the record.

CYNTHIA PLAMBECK, Plaintiff-Appellant, v. GREYSTONE MANAGEMENT AND COLUMBIA NATIONAL TRUST COMPANY, as Trustee

CYNTHIA PLAMBECK, Plaintiff-Appellant, v. GREYSTONE MANAGEMENT AND COLUMBIA NATIONAL TRUST COMPANY, as Trustee, 281 Ill. App. 3d 260 (1996)

…in which the owners did not reside. Tenant gave landlord a security deposit of $480 when she rented the apartment. The parties renewed the lease in October 1989, and landlord increased tenant’s security deposit to $500, requiring tenant to remit an additional $20 payment to landlord. Landlord deposited tenant’s $20 check into the same bank account in which it also deposited re…

Practitioners open CYNTHIA PLAMBECK, Plaintiff-Appellant, v. GREYSTONE MANAGEMENT AND COLUMBIA NATIONAL TRUST COMPANY, as Trustee when Illinois security deposits turns on the distinction in this sentence: "Tenant gave landlord a security deposit of $480 when she rented the apartment. The parties renewed the lease in October 1989, and landlord increased tenant’s security deposit to $500, requiring tenant to remit an additional $20 payment to landlord." Do not lift it out of the facts the court was deciding.

R. STARR, D/B/A George Ellison Management Company, Plaintiff-Appellee, v. GLYNNIS GAY, Defendant-Appellant

R. STARR, D/B/A George Ellison Management Company, Plaintiff-Appellee, v. GLYNNIS GAY, Defendant-Appellant, 354 Ill. App. 3d 610 (2004)

…landlord-seller of a subject property transfers a tenant’s security deposit to a purchaser at closing by applying the amount of the deposit toward the property’s purchase price and then giving the purchaser a bookkeeping credit against the .purchase price equal to the amount of the deposit. We hold that this “credit method” of transferring a tenant’s security deposit at closin…

R. STARR, D/B/A George Ellison Management Company, Plaintiff-Appellee, v. GLYNNIS GAY, Defendant-Appellant is worth reading on Illinois security deposits because the court put the point in its own words: "landlord-seller of a subject property transfers a tenant’s security deposit to a purchaser at closing by applying the amount of the deposit toward the property’s purchase price and then giving the purchaser a bookkeeping credit against the .purchase price equal to the amount of t" Use that passage as the starting point, then read the facts that precede it.

BLAINE ARENDT Et Al., Plaintiffs-Appellees, v. LAKE VIEW COURTS ASSOCIATES, Sued as Lake View Courts Apartments

BLAINE ARENDT Et Al., Plaintiffs-Appellees, v. LAKE VIEW COURTS ASSOCIATES, Sued as Lake View Courts Apartments, 51 Ill. App. 3d 564 (1977)

…of their leasehold, in small claims court to recover a $100 security deposit provided under the terms of the sublease. The trial court found for plaintiffs and defendant brought this appeal. We conclude that the provisions respecting a security deposit found in the sublease are not binding upon the original lessor and reverse th$ judgment of the trial court. Defendant leased an…

Illinois opinions such as BLAINE ARENDT Et Al., Plaintiffs-Appellees, v. LAKE VIEW COURTS ASSOCIATES, Sued as Lake View Courts Apartments are cited where security deposits is disputed. The court stated: "The trial court found for plaintiffs and defendant brought this appeal. We conclude that the provisions respecting a security deposit found in the sublease are not binding upon the original lessor and reverse th$ judgment of the trial court." That is the language to brief; the rest of the decision supplies the procedural posture.

AURELIA LAWRENCE, Plaintiff-Appellant, v. REGENT REALTY GROUP, INC., Et Al., Defendants-Appellees

AURELIA LAWRENCE, Plaintiff-Appellant, v. REGENT REALTY GROUP, INC., Et Al., Defendants-Appellees, 307 Ill. App. 3d 155 (1999)

…court found that a “pet deposit” required in a lease was a “security deposit” within the meaning of the ordinance. But the court further found that the landlord’s failure to pay interest on the deposit was not willful and did not subject the landlord to the penalty of double damages, interest and attorney fees provided for in the ordinance. Because we find that the ordinance is…

Practitioners open AURELIA LAWRENCE, Plaintiff-Appellant, v. REGENT REALTY GROUP, INC., Et Al., Defendants-Appellees when Illinois security deposits turns on the distinction in this sentence: "But the court further found that the landlord’s failure to pay interest on the deposit was not willful and did not subject the landlord to the penalty of double damages, interest and attorney fees provided for in the ordinance." Do not lift it out of the facts the court was deciding.

Nadhir v. Salomon

Nadhir v. Salomon, 2011 IL App (1st) 110851 (2011)

…ction alleging that defendants failed to return plaintiffs’ security deposit constitutes no part of at the end of their lease in violation of a city’s residential landlord and the opinion of the court tenant ordinance, since defendants did not give plaintiffs proper notice of but has been prepared the deductions from their deposit and did not return the balance within 21 by the…

Practitioners open Nadhir v. Salomon when Illinois security deposits turns on the distinction in this sentence: "ction alleging that defendants failed to return plaintiffs’ security deposit constitutes no part of at the end of their lease in violation of a city’s residential landlord and the opinion of the court tenant ordinance, since defendants did not give plaintiffs proper notice of but" Do not lift it out of the facts the court was deciding.

Frequently asked questions

How much can a landlord charge for a security deposit in Illinois?