What Illinois requires
- Since January 1, 2024 the Security Deposit Return Act covers residential landlords whatever the size of the building; the earlier limit to properties with 5 or more units was removedPublic Act 103-0224 (amending 765 ILCS 710/1, effective 2024-01-01) · 765 ILCS 710/1 (a)
- To keep any of the deposit for property damage, the landlord gives the tenant, within 30 days after they vacate or their right of possession ends (whichever is later), an itemized statement of the damage and the estimated or actual cost of repairing or replacing each item, with the paid receipts or copies; by personal delivery, postmarked mail to the last known address, or e-mail to a verified address the tenant gave765 ILCS 710/1 (a) · Public Act 103-0224
- Where the statement gives estimated costs, the paid receipts or copies follow within 30 days after the statement was furnished765 ILCS 710/1 (a)
- A landlord who repairs or replaces damage with their own labor may include the reasonable cost of that labor765 ILCS 710/1 (a)
- Where a written lease sets the cost of cleaning, repairing or replacing a component, the landlord may withhold that amount; it must be for damage beyond normal wear and tear and reasonable to restore the premises to their condition when the lease began, and the statement cites it and includes a copy of that part of the lease765 ILCS 710/1 (a)
- Without that statement and receipts, the landlord returns the deposit in full within 45 days after the tenant vacated765 ILCS 710/1 (a)
- A landlord who, through no fault of their own, cannot produce receipts gives an itemized list of costs, any other evidence of the cost, and a verified statement explaining why the receipts are unavailable765 ILCS 710/1 (b)
- A landlord found by a court to have refused to supply the statement, or to have supplied it in bad faith, and to have kept the deposit past the deadlines, owes twice the deposit due plus court costs and attorney's fees765 ILCS 710/1 (c)
- A tenant who gives no mailing or e-mail address cannot hold the landlord liable for damages or penalties caused by the missing address765 ILCS 710/1 (a)
Every landlord, since 2024
Public Act 103-0224, in force from January 1, 2024, removed the old limit that confined the Act to properties with 5 or more units. A landlord with a single rented house now follows the same statement rules as a large complex.
Some cities, such as Chicago, have their own landlord-tenant ordinances with further rules. This page covers the state law.
The itemized statement of damage
To keep any part of the deposit for property damage, the landlord gives the tenant an itemized statement of the damage and the estimated or actual cost of repairing or replacing each item, with the paid receipts or copies attached. The deadline is 30 days after the tenant vacates or their right of possession ends, whichever is later. It can be delivered in person, by postmarked mail to the last known address, or by e-mail to a verified address the tenant gave.
Where the statement uses estimates, the paid receipts follow within 30 days after it was furnished. A landlord who did the work themselves may include the reasonable cost of their own labor, and one who cannot get receipts through no fault of their own gives an itemized list of costs, any other evidence, and a verified statement explaining why.
Costs set in the lease, and wear and tear
If the written lease sets the cost of cleaning, repairing or replacing a component, the landlord may withhold that amount. It still has to be for damage beyond normal wear and tear and reasonable to restore the premises to their condition when the lease began, and the statement names the amount and includes a copy of that part of the lease.
That standard, the condition when the lease began, is what a signed move-in report records. Without it, telling damage from ordinary wear at move-out is guesswork.
45 days, and the penalty
Without the statement and receipts, the whole deposit goes back within 45 days after the tenant vacated. A landlord found by a court to have refused to supply the statement, or to have supplied it in bad faith, while keeping the deposit past the deadlines, owes twice the deposit due plus court costs and attorney's fees.
A tenant who leaves no mailing or e-mail address cannot hold the landlord liable for damages or penalties that result from the missing address.
From walkthrough notes to a finished Illinois report
At move-out, note each room, every damaged item and any repair cost or quote you have. ReportDraft writes it up room by room with each damaged item as its own finding, ready to become a line of the itemized statement, and keeps normal wear apart from damage.
Do the same walkthrough at move-in, so the move-out report can show each change against the condition when the lease began.
Common mistakes
- Assuming the Act does not apply to a small building; the 5-unit limit ended in 2024.
- Sending the itemized statement without the cost of each item or without the paid receipts.
- Giving estimates and never following up with receipts within 30 days.
- Withholding a lease-set cleaning or repair fee for ordinary wear and tear.
- Holding the deposit past 45 days without sending any statement.
Sources
- Public Act 103-0224 (amending 765 ILCS 710/1, effective 2024-01-01), checked October 9, 2026
- 765 ILCS 710/1 (a), checked October 9, 2026
- Public Act 103-0224, checked October 9, 2026
- 765 ILCS 710/1 (b), checked October 9, 2026
- 765 ILCS 710/1 (c), checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.