Illinois Security Deposit Demand Letter

It is a written demand an Illinois tenant sends a former landlord to recover a security deposit the landlord did not properly account for or return. Under the Security Deposit Return Act, a lessor must furnish an itemized statement with paid receipts within 30 days of the date you vacated, or return the deposit in full within 45 days (765 ILCS 710/1(a)). The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in small claims court.

An Illinois security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where the claim limit is $10,000. The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first and can support a request for the 2x penalty and attorney's fees under 765 ILCS 710/1(c).

Under 765 ILCS 710/1(a), a lessor who keeps any part of an Illinois deposit for property damage must furnish a written itemized statement of the damage and cost of repair, with the paid receipts or copies attached, within 30 days of the date the tenant vacated. If no such statement and receipts are furnished as required, the lessor must return the deposit in full within 45 days of the date the tenant vacated. Once those deadlines pass with no proper accounting, a demand letter is the usual next step before small claims court.

If a circuit court finds that an Illinois lessor refused to supply the required itemized statement, or supplied it in bad faith, and failed or refused to return the deposit within the statutory time limits, the lessor is liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees (765 ILCS 710/1(c)). Because the penalty turns on the lessor's conduct, it is not automatic, but citing it in your demand letter signals that a wrongful withholding can cost far more than the deposit itself.

Under 765 ILCS 710/1(a), an Illinois lessor may withhold only for the estimated or actual cost of repairing or replacing property damage, the reasonable cost of the lessor's own labor to make those repairs, and any cost that a written lease specifies for damage beyond normal wear and tear. Costs specified in a written lease must be for damage beyond normal wear and tear and reasonable to restore the premises to the condition it was in when the lease began. Deductions outside these categories can be disputed in your demand letter.

Yes. An Illinois lessor who keeps any part of the deposit for property damage must furnish, within 30 days of the date you vacated, a written itemized statement of the damage and the estimated or actual cost of repairing or replacing each item, attaching the paid receipts or copies (765 ILCS 710/1(a)). If the lessor gives an estimated cost, the paid receipts must follow within 30 days of the estimate (765 ILCS 710/1(b)). A missing or improper statement means the lessor must return the deposit in full within 45 days.

An Illinois small claims action carries a limit of $10,000. A deposit claim can include the withheld deposit plus, where a court finds the lessor refused the required itemized statement or supplied it in bad faith and failed to return the deposit on time, statutory damages equal to twice the deposit due, together with court costs and reasonable attorney's fees under 765 ILCS 710/1(c). The deadline to sue on a written lease is ten years (735 ILCS 5/13-206), though sending your demand letter and filing promptly is the practical approach.