Illinois Security Deposit Return Act - What a Landlord Can Deduct

A lease may explain the purpose of the security deposit and what it can be used for. If the lease doesn't explain what the deposit can be used for, the Illinois Security Deposit Return Act explains how landlords can use it.

What can the landlord deduct?

Under the Illinois Security Deposit Return Act, a landlord can use the deposit for:

• Unpaid rent
• Cleaning the apartment beyond normal wear and tear
• Repairing damages beyond normal wear and tear

Does the landlord need to tell the tenant why they deducted?

Yes. Landlords must give tenants a written statement describing any damage to the property if they want to deduct repair costs from the security deposit. The landlord must deliver the written statement to the tenant within 30 days after they move out. The landlord must list the actual or estimated cost of repair and give receipts for repairs unless the price was listed in the lease. The landlord does not have to send the tenant a statement if they kept the security deposit because the tenant owed rent. 

What if the landlord refused to give an itemized statement?

When a landlord does not give an itemized statement within 30 days, the landlord can be held liable. A tenant may be entitled to damages (twice the security deposit + court costs + reasonable 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.