Illinois Security Deposit Limit Laws

A security deposit is money you (the "tenant") pay to a landlord to cover damage or cleaning of rental property. A landlord cannot keep the security deposit to cover normal wear and tear.

How Large of a Security Deposit Can an Illinois Landlord Require?

There is no limit on the amount that a landlord may charge as a security deposit in Illinois, even in subsidized housing situtations. Some landlords charge two deposits: one in case of damages and the other as an advance payment on the last month's rent. Landlords also may charge a deposit for keys or if you have pets. Keep in mind, some cities or towns in the state of Illinois may have more protections through local city ordinances.

When Must My Landlord Return My Security Deposit?

For properties with five or more units, a landlord must return the tenant's security deposit within 30 to 45 days after the tenant moves out -- depending on whether the tenant disputes deductions taken out of the security deposit or if an itemized statement and receipts are provided by the landlord.

Landlord Refuses to Return Deposit

If your landlord will not return your deposit and you think the money is owed to you, you can file a suit in Illinois small claims court or speak to a landlord/tenant attorney.

The following table highlights the main provisions of Illinois Security Deposit Law. See Security Deposit Laws for more general information on those topics.

Statute Illinois Compiled Statutes Chapter 765 ยงยง 710/1 and 715/3
Alternate Names
  • Cleaning deposit;
  • Last month's rent;
  • Key deposit;
  • Pet deposit
Security Deposit Minimum

None

Security Deposit Maximum

None

Nonrefundable? Maybe, depends on factors such as whether or not you signed an agreement to that effect.
What Can A Landlord Deduct? Unpaid rent, damage in excess of normal wear and tear, and cleaning costs to return the unit back to a move-in ready condition.
How Long For Return of Security Deposit?

A landlord must return the tenant's security deposit within 30 days after the tenant has surrendered the rental property to the landlord (that is, returned the keys and vacated the property). If you live in a building with less than four units or an owner-owned condomuium, the landlord should return the deposit "within a reasonable time."

Note: Because housing laws are complicated and change from time to time, it may also be a good idea to consult an experienced Illinois landlord-tenant lawyer if you have questions about your specific situation.

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Illinois Security Deposit Limit Laws: Related Resources

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