Evanston (RLTO) Security Deposit - Maximum Amount for a Security Deposit
If a tenant lives in Evanston and the Evanston Residential Landlord and Tenant Ordinance (RTLO) applies, the landlord needs to follow certain rules when the tenant pays a security deposit.
Is there a maximum amount for a security deposit?
Yes. A landlord may NOT receive a security deposit that is greater than 1.5 times one month's rent.
- If rent is $1,000.00, the maximum security deposit a landlord can receive is $1,500.00.
- If rent is $2,000.00, the maximum security deposit a landlord can receive is $3,000.00.
How can the landlord collect the security deposit?
The tenant has to pay the security deposit when they first move in or at a different time that the landlord and the tenant agree on.
If the security deposit is more than the amount of one month's rent but less than 1.5 a month's rent, the tenant can choose to pay the extra money all at once when they first pay the security deposit, or they can pay it in smaller amounts over six months.
- If rent is $1,000.00 and the security deposit is $1,500.00, then the tenant can choose to pay the $1,500.00 at one time. Or the tenant can choose to pay the $500.00 (amount more than one month's rent) in equal amounts within the first six months. Then, a tenant must pay at least $83.33 per month ($500/6 months) for the next six months to make sure the full $1,500.00 security deposit is paid.
- If rent is $2,000.00 and the security deposit is $3,000, then the tenant can choose to pay $3,000.00 at one time. Or the tenant can choose to pay the $1,000 (amount more than one month's rent) in equal amounts within the first six months. Then, a tenant must pay at least $166.66 per month ($1000/6 months) for the next six months to make sure the full $3,000.00 security deposit is paid.
A security deposit does NOT start to earn interest until the full amount is received by the landlord.
What if the landlord collected a bigger security deposit?
The Evanston RLTO does not punish a landlord for collecting a bigger security deposit. 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.
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