What Illinois requires
- 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
- Without that statement and receipts, the landlord returns the deposit in full within 45 days after the tenant vacated765 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)
- 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)
- 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)
The 30-day itemized statement with receipts
To keep any of the deposit for damage, give 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, within 30 days after the tenant vacates or their right of possession ends, whichever is later. Deliver it in person, by mail postmarked to the last known address, or by e-mail to a verified address the tenant gave.
No statement means the full deposit in 45 days
Without that statement and receipts, the landlord returns the deposit in full within 45 days after the tenant vacated.
Lease-set costs and missing receipts
Where a written lease sets the cost of cleaning, repairing or replacing a component, the landlord may withhold that amount if it is for damage beyond normal wear and tear and reasonable to restore the unit to its condition when the lease began; the statement cites that part of the lease and includes a copy of it.
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 unavailable.
Every landlord, and the penalty
Since January 1, 2024 the Security Deposit Return Act covers residential landlords whatever the size of the building. A landlord found to have refused the statement, or 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 fees.
Common mistakes
- Sending the statement without the paid receipts or copies.
- Assuming a small building is exempt: since 2024 it is not.
- Withholding a lease-set cleaning charge without citing and attaching that part of the lease.
- Missing day 30 and still keeping part of the deposit.
Sources
- 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
- Public Act 103-0224 (amending 765 ILCS 710/1, effective 2024-01-01), checked October 9, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.