How Long Does a Landlord Have to Return a Security Deposit in Illinois? (45 Days)

In Illinois, a landlord has 45 days after termination of the tenancy to return the security deposit. The rule is 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. If the landlord keeps any part of it, the same deadline applies to the written, itemized list of deductions.

What 765 ILCS 710/1 (Security Deposit Return Act) requires

• 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).

How to count the 45 days

The clock starts at termination of the tenancy, not at the day you signed the lease or the day the landlord got around to inspecting. Keep proof of the date you handed back the keys; that is the date a court will ask about. Count calendar days, including weekends.

What happens if the landlord is late

Bad-faith failure to return or itemize exposes the landlord to twice the security deposit plus attorney's fees. Illinois small claims court hears claims up to $10,000, so the deposit and the penalty usually fit in one filing.

What to do on day 46

1. Write down the date the clock started (termination of the tenancy) and the date the 45-day deadline passed.
2. Send a dated, written demand that cites 765 ILCS 710/1 (Security Deposit Return Act), states the deposit amount, and names what Illinois lets you recover (2x the amount wrongfully withheld).
3. Send it by a method you can prove, such as certified mail, and keep a copy.
4. If nothing arrives, file in small claims court with the lease, the move-out date, and the demand letter as exhibits.

Frequently Asked Questions

Q: Does the 45-day clock start when I move out or when the lease ends?
A: It starts at termination of the tenancy. If those are different days, the later one is the safer date to count from, and the date you can document is the one that matters.

Q: Do I have to give my landlord a forwarding address in Illinois?
A: 765 ILCS 710/1 (Security Deposit Return Act) does not make a forwarding address a condition of getting the deposit back, but the landlord still has to know where to send it. Give one in writing anyway so a late return cannot be blamed on you.

Q: Can I sue my landlord in small claims court for my Illinois deposit?
A: Yes. Illinois small claims court hears claims up to $10,000, which covers most deposits plus the statutory penalty. A dated written demand that cites 765 ILCS 710/1 (Security Deposit Return Act) is the usual first exhibit.

Sources Checked

• 765 ILCS 710/1 (Security Deposit Return Act) (the Illinois statute cited above)
• LeaseLenses Illinois deposit and notice data set, last reviewed 2026-09-19; the same data powers the Illinois document tools
• Illinois landlord-tenant overview and the Illinois deposit rules page

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