Illinois Small Claims Court
How to Sue Your Landlord in Illinois Small Claims Court
Illinois gives landlords 45 days to return your deposit. If they missed it, you may be entitled to up to 2x your deposit in penalties. Here's how to file.
Illinois Small Claims — Quick Facts
Filing Fee
$40–$175
Max Claim
$10,000
Hearing Timeline
30–60 days
Attorney Allowed
Yes
Penalty
Up to 2x the deposit plus court costs
Statute
765 ILCS 710
Step-by-Step: Filing in Illinois
Calculate what you're owed
Confirm your landlord missed Illinois's 45-day deadline. If they did, calculate your deposit plus any penalties you're entitled to under 765 ILCS 710 (Security Deposit Return Act).
Calculate your Illinois deadline →Send a demand letter first
Illinois courts look favorably on tenants who attempted resolution before filing. Send a formal demand letter citing 765 ILCS 710 (Security Deposit Return Act) and the specific amount owed. Give your landlord 7–14 days to respond.
Generate a Illinois demand letter →Gather your evidence
Upload photos, your lease, and any communication with your landlord. You'll need move-in and move-out photos, proof your demand letter was sent, and any deduction statements your landlord provided.
Organize your evidence →File your claim
File at the Circuit Court in the county where the rental property is located. The filing fee is $40–$175 depending on your claim amount. You can recover this fee if you win.
Find your Illinois court →Serve your landlord
Illinois accepts the following service methods: Certified mail, Process server, Sheriff. You cannot serve the papers yourself — have someone else deliver them or use a professional service.
Present your case
Bring copies of everything: your lease, photos, demand letter with proof of mailing, and any communication with your landlord. Present your case clearly and stick to the facts.
Prepare for your hearing →What You Can Claim in Illinois
Your full security deposit
The amount your landlord failed to return
Penalty: Up to 2x the deposit plus court costs
Under 765 ILCS 710
Interest on your deposit
Illinois requires landlords to pay interest: Interest rate set annually by state
Filing fee reimbursement
The court can order your landlord to reimburse your filing costs
Attorney fees
Illinois allows recovery of reasonable attorney fees
Example: If your landlord withheld a $1,500 deposit in bad faith in Illinois, you could recover up to $4,500 (deposit + 2x penalty) plus your filing fee.
Illinois Small Claims FAQ
Do I need a lawyer for Illinois small claims court?
Illinois allows attorneys in small claims court, but most tenants represent themselves successfully. The process is designed for people without legal training.
How long does Illinois small claims court take?
After filing, your hearing is typically scheduled within 30–60 days. The hearing itself usually takes 15–30 minutes. The judge often rules the same day.
What if my landlord doesn't show up to court in Illinois?
You win by default. The court will enter a default judgment for the amount you requested, assuming your claim is reasonable and supported by evidence.
How much can I sue for in Illinois small claims court?
Illinois small claims court handles cases up to $10,000. For security deposits, you may also claim penalties of up to 2x the deposit plus court costs under 765 ILCS 710.
Take Action in Illinois
Illinois Deposit Laws
45-day deadline + penalty details
Illinois Demand Letter
Free demand letter citing 765 ILCS 710 (Security Deposit Return Act)
Challenge Deductions
Check if your landlord's deductions are valid
Evidence Vault
Organize photos and documents for court
General Filing Guide
Overview of suing for your deposit in any state
Hearing Prep
What to bring and how to present your case
Ready to take action?
Start by calculating your exact deadline and what you're owed. Then generate a demand letter — most landlords respond before you ever need to file.