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Illinois Security Deposit Law: 45 days Deadline + Free Demand Letter
In Illinois, landlords have 45 days to return a security deposit. Penalty: 2× the deposit, plus court costs and attorney's fees (buildings with 5+ units). Make your free demand letter.
1. Your state & dates
2. The deposit
What happened?
3. Letter details
✉️ 4. Your demand letter
Send it by certified mail (return receipt) and by email or text. Keep a copy, your lease, move-out photos and receipts.
🧭 If they don't pay
- Wait until the date in your letter. Many landlords pay once they see the law and the penalty.
- File in small claims court in the county where the rental is. Filing fees are usually $30–$100 and you don't need a lawyer.
- Bring the lease, move-in/move-out photos or video, this letter with the certified-mail receipt, and any messages.
- Ask for the deposit plus the state penalty. You can also complain to your state attorney general's consumer office.
General information and a template, not legal advice. Deadlines can start from move-out or from when the landlord gets your forwarding address; check your state's statute. 🔒 Everything stays on your device.
Illinois security deposit law at a glance
| Deadline to return | 45 days |
|---|---|
| Details | Itemized list of deductions within 30 days; refund within 45 days. Applies to buildings with 5 or more units. |
| Penalty for wrongful withholding | 2× the deposit, plus court costs and attorney's fees (buildings with 5+ units) |
| Statute | 765 ILCS 710/1 |
Other states with the same deadline: District of Columbia, Indiana, Maryland, Mississippi, Oklahoma, Virginia
Questions people ask
How long does a landlord have to return a security deposit?+
It depends on the state: from 14 days (e.g. New York, Hawaii, Nebraska, Vermont, Arizona's 14 business days) to 60 days (Alabama, Arkansas, West Virginia). Most states use 30 days. Pick your state in the tool to see its exact rule.
Can a landlord deduct for normal wear and tear?+
No. In every state, normal wear and tear (faded paint, small nail holes, worn carpet from normal use) can't be deducted. Landlords can deduct unpaid rent and damage beyond normal use.
What if my landlord ignores the demand letter?+
File in small claims court. It's cheap, quick and you don't need a lawyer. Many states let you recover 2× or 3× the amount wrongfully withheld, and the letter shows the judge you tried to settle first.