How do I get my residential security deposit back in Illinois?
Under Illinois law, a landlord who keeps part or all of a tenant's security deposit for damages must give the tenant an itemized damage statement and receipts within set time limits. If the landlord does not provide the required statement and receipts, the law generally requires the landlord to return the full deposit within a specified period. Courts have applied these rules to disputes about timing, documentation, and who is liable after a property sale or foreclosure.
These rules apply to most residential leases. Different or additional rules can apply to mobile home park deposits and to transfers of deposits when a property is sold or foreclosed. Case law shows courts review whether the landlord complied with the notice and receipts requirements when resolving deposit disputes.
Current Illinois law
Every answer cites the statute
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The deadline that matters
Landlord must furnish the tenant an itemized damage statement and receipts within 30 days after the tenant vacates or the tenant's right of possession ends; if no statement/receipts are provided, the deposit must be returned within 45 days.
What Illinois law says
A lessor who withholds any part of a residential security deposit for property damage must, within 30 days after the tenant vacates or the tenant's right of possession ends, furnish the tenant an itemized statement of the alleged damage and the estimated or actual repair cost, attaching paid receipts or copies, delivered in person, by postmarked mail to the tenant's last known address, or by e-mail to a verified address provided by the tenant, under 765 ILCS 710/1. If the lessor gives an estimated cost, paid receipts must be furnished within 30 days after that statement. If the lessor fails to provide the required statement and receipts, the lessor must return the security deposit in full within 45 days after the tenant vacated, as set out in 765 ILCS 710/1. Mobile home park security deposits have a 15-day itemized-list rule at termination and potential interest obligations, under 765 ILCS 745/18. When a security deposit is transferred on sale or foreclosure, the transferee who acquires actual possession of the deposit has liability to the lessee and must post notice, under 765 ILCS 710/1.2. Case law shows courts examine compliance with these notice and documentation rules when deciding disputes, including timing of communications and the basis for deductions (see Wilkin v. LJB Homes LLC, Wilkin v. LJB Homes LLC, 2026 IL App (2d) 250182-U (Ill. App. Ct. 2026); Applegate v. Inland Real Estate Corp., Applegate v. Inland Real Estate Corp., 109 Ill. App. 3d 986, 65 Ill. Dec. 466, 441 N.E.2d 379, 1982 Ill. App. LEXIS 2383 (Ill. App. Ct. 1982); Harding v. Shi, Harding v. Shi, 2025 IL App (1st) 240317 (Ill. App. Ct. 2025)).
What to do
A common first step is to send a written demand for the deposit and reference the landlord's 30-day and 45-day obligations.
A common next step is to gather move-out records, lease pages about deposits, photos, and any mail or emails showing what the landlord provided.
Some people prepare for small-claims court by making a timeline, copying the demand letter, and organizing receipts or the lack of receipts the landlord sent.
Another common option is to check whether the property sale or foreclosure changed who holds the deposit, since a transferee who took possession may be liable.
People sometimes ask the landlord for paid receipts or copies if the landlord gave only estimated costs, noting the statute requires receipts within 30 days after estimates.
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Common questions
What if the landlord gave only an estimate of repair costs?
If the landlord provided estimated costs, the statute requires the landlord to deliver paid receipts or copies within 30 days after giving the estimate, under 765 ILCS 710/1.
Can a landlord keep part of the deposit for unpaid rent or lease breaches?
The Security Deposit Return Act limits withholding for property damage unless the required itemized statement and receipts are provided; case law discusses disputes where landlords claimed setoffs for other lease breaches, and courts examine the statutory wording and the landlord's basis for deductions (see Applegate v. Inland Real Estate Corp.).
Does a buyer of a foreclosed property have to return my deposit?
When a security deposit is transferred and the transferee takes actual possession, that transferee is generally liable to the lessee for the transferred deposit and must post notice, under 765 ILCS 710/1.2.
Are mobile home park deposits treated differently?
For mobile home parks, the park owner must furnish an itemized list of damages and estimated repair costs within 15 days after lease termination; failure to furnish the list generally makes the full deposit due, and there are separate interest rules in the statute, under 765 ILCS 745/18.
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This page provides legal information about Illinois law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
