Mobile Homes: Security Deposit
A security deposit is money you pay to the park owner when you move into a mobile home park. It helps cover unpaid rent or damage to the property. Here’s what you should know about security deposits for mobile homes in Illinois:
Amount Limit
- The deposit can’t be more than one month’s rent. 765 ILCS 745/12.
Getting Your Deposit Back (765 ILCS 745/18(a))
- If you pay all your rent and leave the home in good condition, you should get your full deposit back.
- The park owner must return your deposit within 15 days after your lease ends.
- If there are damages, the park owner must give you a list of the repairs and their costs within 15 days.
- If you don’t disagree with the list within 15 days, you accept the charges.
- If the park owner does not give you a list of damages, they must return your full deposit.
- If you don’t provide a forwarding address, the park owner doesn’t have to send you the list or return the deposit.
Earning Interest on Your Deposit (765 ILCS 745/18(b))
- If the park has 25 or more mobile homes, the park owner must pay interest on your deposit if they hold it for more than six months.
- The interest rate is based on what the largest bank in Illinois pays on savings accounts.
- The park owner must pay this interest every year or apply it to your rent if you both agree.
- If the park owner refuses to pay the required interest, a court may order them to pay you an amount equal to your security deposit, plus legal fees.
Where Your Deposit Is Held (765 ILCS 745/18(c))
- Park owners must keep security deposits in a separate bank account.
- Deposits cannot be mixed with the park owner’s money or used to pay their debts.
- If the park owner faces foreclosure or bankruptcy, the security deposit must still be protected.
Knowing your rights can help you avoid problems when moving out of a mobile home park. Always get a written lease and keep records of your payments and any communication about your deposit.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.