⚡️ Overview
The Security Deposit Return Act governs the return of security deposits. This Act only applies to Landlords of buildings with 5 or more units (contained in a single building or complex of related buildings). If the Landlord owns several unrelated buildings that collectively contain more than the required number of units, the landlord is not covered by the statute. If a Landlord owns 4 units or less, the general rule is that the Landlord may retain the security deposit until the obligations it was intended to secure have been satisfied by the tenant. A Landlord may wish to comply with the Act - even if it doesn't apply - to avoid potential liability. Check with local officials as some cities have enacted special rules on security deposits.
📝 Written statement of damages
Landlords of buildings with 4 or fewer units located (located in the same building) do not have to give tenants written statements of damages unless the Lease requires otherwise. Even so, it's a good idea to provide a Notice of Security Deposit Withholding to avoid potential claims.
Landlords of building with 5 or more units must give tenants a written statement describing any damage to the property and the amount the Landlord intends to withhold. The landlord must deliver the written statement to the tenant within 30 days after tenants move out. The landlord must list the actual or estimated cost of repair and give receipts for repairs.
📅 How long to return the security deposit
The security deposit with must returned to Tenants within 45 days after the Tenants move out. If a Landlord doesn't return the security deposit within this time, or supplied the written statement of damages in bad faith, then the Landlord shall be liable to the Tenant for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees.
✉️ Where to send the security deposit
If the tenancy is for a certain period (ex. one year) and the lease clearly states when the tern expires, then no further notice is required. 735 ILCS 5/9-213
❓ FAQs
What if I can't find receipts? If you can prove that it wasn't your fault that receipts or copies can't be found, then you can produce an itemized list of the cost of repair or replacement, any other evidence of the cost, and a verified statement detailing the specific reasons why you are unable to produce the required receipts or copies and verify that you have provided all other evidence of the cost. 765 ILCS 710/1(b)
📄 Forms
📜 Relevant Illinois Laws
Security Deposit Return Act - 765 ILCS 710/et seq.
Can't Find Receipts - 765 ILCS 710/1(b)
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