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Deposits

Security deposit law in Illinois

Illinois's cap, return deadline, itemization rule, and wrongful-withholding penalty, with the controlling statute linked.

4 min read

Short answer

Illinois sets no statutory limit on the security deposit a landlord may collect, and the deposit must be returned within 30 or 45 days. Wrongful withholding exposure is up to 2x plus attorney fees (bad faith). The controlling text is 765 ILCS 710 / 715, verified July 2026; confirm the current statute before acting, since legislatures amend deposit law and cities layer stricter rules on top.

No statutory limit. The return rule is 30 or 45 days. The controlling text is 765 ILCS 710 / 715.

Shared move-in, deduction, and refund workflow: the national state-law hub.

Illinois note: Chicago's Residential Landlord and Tenant Ordinance is stricter than state law, with separate-account, interest, and receipt rules and steep penalties.

Illinois's return deadline

30 or 45 days.

For a landlord with five or more units, an itemized statement of deductions must go out within 30 days, and any balance within 45 days of move-out. Landlords under five units are outside the state Security Deposit Return Act, though city ordinances may still bind them.

The itemized statement rule

For covered landlords, a written itemized statement with receipts or estimates is required within 30 days, and missing it forfeits the right to deduct. Chicago's ordinance adds its own stricter rules on top.

Account and interest rules

The state sets no separate-account requirement, but Chicago and some other cities require the deposit to be held separately and to pay interest. Check the city rule before the state one where a unit sits in a regulated municipality.

Exposure for wrongful withholding

Up to 2x plus attorney fees (bad faith).

A covered landlord who withholds in bad faith is liable for twice the deposit plus attorney fees. Because the harshest rules here are municipal, a landlord in Chicago faces automatic penalties the state statute does not impose.

Illinois has no statutory deposit maximum

No statutory limit.

Compare Illinois with neighboring states

  • Wisconsin: no statutory limit; return rule: 21 days.
  • Iowa: two months' rent; return rule: 30 days.
  • Missouri: two months' rent; return rule: 30 days.
  • Kentucky: no statutory limit; return rule: 30 to 60 days.
  • Indiana: no statutory limit; return rule: 45 days.

Verified against 765 ILCS 710 / 715 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.

Questions landlords actually ask

Does Illinois cap residential security deposits?
No statutory limit
What is the security deposit return deadline in Illinois?
30 or 45 days. For a landlord with five or more units, an itemized statement of deductions must go out within 30 days, and any balance within 45 days of move-out. Landlords under five units are outside the state Security Deposit Return Act, though city ordinances may still bind them.
What itemization does Illinois require?
For covered landlords, a written itemized statement with receipts or estimates is required within 30 days, and missing it forfeits the right to deduct. Chicago's ordinance adds its own stricter rules on top.
What is the wrongful-withholding exposure in Illinois?
Up to 2x plus attorney fees (bad faith). A covered landlord who withholds in bad faith is liable for twice the deposit plus attorney fees. Because the harshest rules here are municipal, a landlord in Chicago faces automatic penalties the state statute does not impose.