Updated 2026 · Illinois Law
Security Deposit Laws in Chicago, Illinois (2026)
Under 765 ILCS 710 (Security Deposit Return Act), landlords in Chicago must return your security deposit within 45 days after you vacate the unit. Failure to comply entitles you to the deposit plus statutory penalties. This page is a plain-language reference to Illinois's security deposit statute as it applies to Chicago renters. Chicago's Residential Landlord Tenant Ordinance (RLTO, Municipal Code § 5-12-080) imposes stricter requirements than state law, including mandatory interest payments and a 1.5-month deposit cap.
45
Days to Return
Up to 2× deposit
Penalty
$10,000
Small Claims Limit
Illinois Security Deposit Statute — Quick Reference
Return Deadline
45 days after tenancy ends — 30 days if no deductions, 45 days with itemization
Penalty
May be liable for deposit amount plus damages and court costs
Interest Required
Yes — Interest rate set annually by state (Properties with 25+ units, deposits held 6+ months)
Small Claims Limit
$10,000
Filing Fee
$40–$175
The 45-Day Return Deadline in Detail
Under 765 ILCS 710 (Security Deposit Return Act), a Chicago landlord has 45 calendar days after the tenancy ends to return your security deposit. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with copies of receipts, invoices, or estimates supporting each charge.
Important: 30 days if no deductions, 45 days with itemization. The clock starts when the tenancy legally terminates — typically your move-out date or lease end date, whichever is later. To protect your rights, provide your forwarding address in writing on or before your move-out date.
Penalty for Violation
Illinois Statutory Penalty
May be liable for deposit amount plus damages and court costs
Cite: 765 ILCS 710 (Security Deposit Return Act) · 765 ILCS 710
Up to 2x the deposit plus court costs. To recover these penalties, file in small claims court in Chicago's jurisdiction. You may also send a formal demand letter first — many landlords return deposits once they receive a written legal demand citing the applicable statute.
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Small Claims Court — Illinois
How to find your court
File at the Circuit Court in the county where the rental property is located.
Illinois court finder →Chicago Security Deposit FAQ
How long does a Chicago landlord have to return my security deposit?
30 days after you vacate if no deductions are made; 45 days if deductions are claimed. This is governed by both the Illinois Security Deposit Return Act (765 ILCS 710) and the Chicago RLTO (§ 5-12-080), which applies to most Chicago rentals. The RLTO also requires your landlord to provide a deposit receipt within 5 business days of receiving the deposit.
What is Chicago's RLTO and how does it affect my security deposit?
The Chicago Residential Landlord Tenant Ordinance (Municipal Code § 5-12-080) applies to most residential rentals in Chicago and provides protections beyond Illinois state law. Under the RLTO, your landlord must (1) pay annual interest on your deposit at the rate set by the city comptroller, (2) hold deposits in a federally insured interest-bearing account, (3) provide a receipt within 5 business days, and (4) return the deposit within 30 days (or 45 days with deductions). Failure to comply with any RLTO requirement can entitle you to the full deposit plus penalties.
What is the penalty if my Chicago landlord violates the RLTO deposit rules?
Under RLTO § 5-12-082, a landlord who fails to comply with deposit return requirements is liable for 2x the security deposit amount, plus interest. If the landlord failed to pay the required annual interest, you may be entitled to immediate return of the entire deposit plus damages. Attorney fees are also recoverable under the RLTO.
Does my Chicago landlord have to pay interest on my security deposit?
Yes. The Chicago RLTO requires landlords to pay annual interest on security deposits at the rate set by the Chicago City Comptroller. The rate is published annually and posted at chicago.gov. Failure to pay interest is an independent RLTO violation, separate from the deposit return requirement.
How do I file a small claims case for my deposit in Chicago?
File at the Cook County Circuit Court, located at 50 W. Washington St., Chicago. Small claims cases (under $10,000) are heard in the Municipal Department. Filing fees range from $75–$262 depending on the amount claimed. Attorneys are permitted but not required. Bring your lease, deposit receipt, RLTO violation evidence, demand letter, and certified mail proof.
Related Resources
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This page is a general legal reference for informational purposes only and does not constitute legal advice. Security deposit laws may change; always verify the current statute before taking action. Full disclaimer →