Security Deposit Return Deadlines & Deductions in Illinois

At a glance

Requirements one by one

Governing law

The Security Deposit Return Act, 765 ILCS 710/1, addresses deposits held to secure rent or property damage. The Security Deposit Interest Act, 765 ILCS 715/1-2, separately sets interest duties for larger buildings and contiguous complexes. This page states the statewide rules.

Deadline to return the deposit

For property-damage withholding, § 710/1(a) gives the landlord 30 days to send an itemized statement, counted from move-out or the end of the tenant's right of possession, whichever is later. If a tenant moves out October 5 but keeps possession through October 10, that statement clock starts October 10. If the required statement and receipts are not furnished, the same section requires the full deposit back within 45 days of move-out.

Itemized statement required

The statement must identify each damage item and its estimated or actual repair or replacement cost, with paid receipts. If an estimate is used, paid receipts follow within 30 days of the statement. Section 710/1(b) allows a verified explanation and other cost evidence if the landlord cannot produce receipts through no fault of their own.

What can be deducted

For damage beyond normal wear and tear, a written lease may fix a reasonable dollar cost for a specific component; § 710/1(a) requires the itemization to identify the lease amount and attach that part of the lease. The statute's receipt procedure addresses property damage. It does not set out a separate receipt procedure for unpaid-rent withholding.

Interest on the deposit

Section 715/1 applies to a building or contiguous-parcel complex with at least 25 units and a deposit held more than six months. Under § 715/2, the landlord pays interest that has reached $5 within 30 days after each 12-month rental period and pays any remainder when the tenancy ends.

Penalty for noncompliance

Section 710/1(c) requires both a refused or bad-faith itemization and a failure to return the deposit due on time before a court awards twice the deposit due, costs, and reasonable attorney's fees. Section 715/2 instead requires a willful failure to pay interest and awards an amount equal to the deposit, plus costs and fees.

What trips people up

The 30-day statement clock and the 45-day full-return clock have different triggers. A landlord planning a property-damage deduction cannot use the 45-day deadline to postpone the required statement. If the tenant supplies no mailing or email address, § 710/1(a) says the landlord is not liable for damages or penalties resulting from that failure.

Interest turns on the number of units in one building or a complex on contiguous parcels, not the landlord's total units across unrelated sites.

Common questions

Can the landlord email the damage statement? Yes, § 710/1(a) permits email to a verified address the tenant provided.

Does a small building still follow the return rule? Yes. Section 710/1(a) applies to a residential lessor without a minimum unit count; the 25-unit threshold belongs to the separate interest rule in § 715/1.

Statutes and sources

• 765 ILCS 710/1(a) — "may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises or within 30 days of the date the lessee's right of possession ends, whichever is later, furnished to the lessee ... an itemized statement" — https://www.ilga.gov/documents/legislation/ilcs/documents/076507100K1.htm (accessed 2026-10-07).
• 765 ILCS 710/1(a), lease-specified deduction — "Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began." — https://www.ilga.gov/documents/legislation/ilcs/documents/076507100K1.htm (accessed 2026-10-07).
• 765 ILCS 710/1(b) — "If, through no fault of the lessor, the lessor is unable to produce as required in subsection (a) receipts for repairs or replacements ... then the lessor shall produce an itemized list of the cost of repair or replacement" — https://www.ilga.gov/documents/legislation/ilcs/documents/076507100K1.htm (accessed 2026-10-07).
• 765 ILCS 710/1(c) — "has refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided" — https://www.ilga.gov/documents/legislation/ilcs/documents/076507100K1.htm (accessed 2026-10-07).
• 765 ILCS 715/1 — "containing 25 or more units in either a single building or a complex of buildings located on contiguous parcels of real property" and "any deposit held by the lessor for more than 6 months" — https://www.ilga.gov/documents/legislation/ilcs/documents/076507150K1.htm (accessed 2026-10-07).
• 765 ILCS 715/2 — "within 30 days after the end of each 12 month rental period, pay to the lessee any interest that has accumulated to an amount of $5 or more"; "The lessor shall pay all interest that has accumulated and remains unpaid, regardless of the amount, upon termination of the tenancy." — https://www.ilga.gov/documents/legislation/ilcs/documents/076507150K2.htm (accessed 2026-10-07).