Cook County (RTLO) Security Deposit - Landlord Must Return Security Deposit

If a tenant lives in suburban Cook County and the Cook County Residential Tenant Landlord Ordinance (RTLO) applies, the landlord needs to follow certain rules when the tenant pays a security deposit. 

When does the landlord need to return a security deposit? 

The time limit for the return a security deposit depends on why the tenant moved out.

• The tenant moved out after sending a 72-hour demand letter because the landlord failed to repair essential services (heat, gas, plumbing, electricity, water): Landlord must return immediately
• The tenant moved out because of a fire or casualty: Landlord must return in 48 hours
• The tenant could not move in because the landlord refused: Landlord must return in 48 hours
• The tenant moved out for any other reason: Landlord must return in 30 days

What does the landlord need to return?

The landlord must return the security deposit. The landlord is allowed to deduct from the security deposit for the following:

• Any unpaid rent which was not validly withheld or deducted by following; 
• Any court fees (but not attorney’s fees) awarded by a court in a case that has not been settled; or
• A reasonable amount necessary to repair any damage caused to the dwelling by the tenant, anyone under the tenant’s control, or anyone in the dwelling with the tenant’s permission.
  • The landlord must deliver or mail to the tenant’s last known address a statement of the alleged damages within 30 days. 
  • The landlord must (1) attach the paid receipts OR (2) give an estimate and follow-up with the paid receipts within 30 days of giving the estimate. 

What if the landlord didn't return the security deposit?

When a landlord does not return the security deposit, the landlord is held strictly liable. A tenant may be entitled to damages (twice the security deposit + attorney's fees) when the landlord did not give the tenant a security deposit. The tenant has two years to sue the landlord for the violation. The 2-year countdown starts on the day that the violation happens.

If a tenant has any questions or concerns about their security deposit, it's best to speak with the landlord or consult with a legal professional.