How Long Does a Illinois Landlord Have to Send the Itemized Security Deposit Statement?

Security Deposit · Illinois · Landlord

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A Illinois landlord has 45 days after termination of the tenancy to return the security deposit or deliver a written, itemized statement of the deductions, under 765 ILCS 710/1 (Security Deposit Return Act). For landlords with five or more units: an itemized statement within 30 days and the refund within 45 days. Chicago's RLTO has its own 45-day rule and double-deposit penalty.

The rule in one list

  • Return deadline: 45 days after termination of the tenancy.
  • Detail: For landlords with five or more units: an itemized statement within 30 days and the refund within 45 days. Chicago's RLTO has its own 45-day rule and double-deposit penalty.
  • Itemized deductions: required in writing.
  • Forwarding address: not a statutory condition of getting the deposit back.
  • Penalty for wrongful withholding: Bad-faith failure to return or itemize exposes the landlord to twice the security deposit plus attorney's fees.
  • Interest: Landlords with 25 or more units must pay interest on deposits held more than six months (765 ILCS 715).
  • Small claims limit: $10,000.
  • Statute: 765 ILCS 710/1 (Security Deposit Return Act).

What the statement has to do

  • List each deduction separately with its amount; a single "cleaning and repairs" line is the kind of statement courts reject.
  • Cover only damage beyond normal wear and tear, unpaid rent, and charges the lease allows.
  • Keep the receipts, invoices, or estimates behind each line; the tenant can demand them and a court will.
  • State the balance being returned and enclose it, or state that the deductions exceed the deposit.

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What missing the deadline costs

Bad-faith failure to return or itemize exposes the landlord to twice the security deposit plus attorney's fees. The statute does not ask whether the deductions were fair; it asks whether the tenant got the statement in time. Send the statement to the last address you have, by a method you can prove.

Frequently Asked Questions

Q: Does the 45-day clock start at move-out or at lease end?
A: At termination of the tenancy. When the two differ, the earlier date is the safer one to work from; a court will not credit you for days the tenant was already gone.

Q: Can I send the itemized statement by email in Illinois?
A: 765 ILCS 710/1 (Security Deposit Return Act) sets the deadline; use a delivery method you can prove, such as certified mail, and keep a copy. Email alone is hard to prove if the tenant denies receiving it.

Q: What if repairs are not finished within 45 days?
A: Send the statement anyway, with the estimate for the unfinished work marked as an estimate, and follow with the final figures. A late statement is the failure 765 ILCS 710/1 (Security Deposit Return Act) penalises; an estimated one is not.

Sources Checked

This page is general legal information for Illinois, not legal advice. Statutes change; read the current text before relying on a deadline in court.

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  • Deposit amount, extra pet deposits, and prepaid charges
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  • Move-in condition, interest/account handling, and dispute wording

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