Illinois Security Deposit Return Act - When the Landlord Must Return a Security Deposit?
The Illinois Security Deposit Return Act explains when landlords must return a security deposit.
When does the landlord need to return the security deposit?
The landlord must return the security deposit within 45 days after the tenant has moved out.
The landlord must also send a written statement of damages for anything deducted:
- Within 30 days after the tenant moves out; or
- Within 30 days after the tenant's right to stay in the unit ends.
The statement may be delivered: (1) personally, (2) by email, or (3) by mail to the tenant's last known address. 765 ILCS 710/1(a).
What if the landlord refused to give 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 + 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.
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.