Illinois Security Deposit Rules (2026): The 30- and 45-Day Deadlines and the Chicago RLTO

Illinois tightened its security deposit law in 2024. The Security Deposit Return Act now applies to residential landlords whatever the size of the building, not only to buildings with five or more units, and it sets two clocks: 30 days to itemize any deduction and 45 days to return the deposit. If you rent in Chicago, the city’s Residential Landlord and Tenant Ordinance (RLTO) adds its own rules on top. This guide explains both in plain English, and how to leave a rental so cleaning costs you nothing.

Illinois deposit rules at a glance

• Who it covers: residential landlords in Illinois; since January 1, 2024 the old five-unit threshold no longer applies (765 ILCS 710, as amended by Public Act 103-224)
• Itemized statement: if the landlord keeps any part of the deposit for damage, they must give you an itemized statement of the damage and the estimated or actual cost within 30 days after you move out
• Receipts: paid receipts or copies must be attached, or, if estimates were used, sent within 30 days of the statement
• Return deadline: without a proper statement, the full deposit is due within 45 days after you move out
• Wear and tear: normal wear and tear cannot be deducted
• Penalty: a landlord who fails to itemize in good faith and does not return the deposit on time can owe twice the deposit, plus court costs and reasonable attorney’s fees
• Cap: Illinois sets no statewide limit on the size of a deposit

Laws change, so check the current statute before you rely on any deadline.

What the Chicago RLTO adds

Most Chicago rentals are covered by the Residential Landlord and Tenant Ordinance (Municipal Code 5-12-080). Owner-occupied buildings with six units or fewer are among the exceptions. Where it applies, the RLTO requires:

• A signed receipt when you pay a deposit, describing the amount, date and unit
• The deposit held in a federally insured, interest-bearing account at an Illinois institution, separate from the landlord’s money, with the bank named in the lease
• Interest paid to you each year at a rate the City sets annually, for deposits held more than six months
• The deposit and interest returned within 45 days after you move out, less proper deductions
• An itemized statement of damage, with receipts, within the ordinance’s deadline

A landlord who breaks the RLTO deposit rules can owe twice the deposit plus interest, and attorney’s fees. Evanston and a few other suburbs have their own landlord-tenant ordinances, so check your town’s rules too.

Do I get interest on my deposit?

Outside Chicago it depends on the building. Illinois’s Security Deposit Interest Act requires interest on deposits held for more than six months by landlords with 25 or more units in a building or complex. Smaller landlords outside Chicago generally do not have to pay interest unless the lease says so. Inside Chicago, the RLTO interest rule applies to covered units whatever the building size.

What can and cannot be deducted

A deposit can cover unpaid rent and the reasonable cost of repairing damage beyond normal wear and tear. Faded paint, light scuffs, carpet worn by ordinary use and small nail holes are normal wear and tear. A greasy oven, a dirty fridge, pet damage, burns and stains, and rubbish left behind are not.

Common move-out items and how they are usually treated

Item	Usually
Faded paint, light scuffs	Normal wear and tear
Carpet worn in walkways	Normal wear and tear
Small picture-hanging holes	Normal wear and tear
Oven caked with grease, dirty fridge	Can be charged as cleaning
Pet stains, odors or scratched doors	Can be charged as damage
Furniture, trash or food left behind	Can be charged for removal

Whether a cleaning charge is allowed depends on the lease and on the condition of the unit when you moved in, which is why records matter so much.

Move-in fees, pet fees and the deposit

Many Chicago landlords charge a non-refundable move-in fee instead of, or as well as, a security deposit. A move-in fee is not a deposit: it is not returned, and the deposit rules above do not apply to it. Read the lease carefully so you know which you paid. Pet fees work the same way; a refundable pet deposit is part of the deposit and follows the deposit rules, while a non-refundable pet fee does not.

Common mistakes that cost renters money:

• Not giving a forwarding address in writing, so the statement and refund go to the old unit
• Leaving the fridge full or the freezer iced up
• Forgetting the back porch, storage cage or basement storage
• No dated photos of the condition at move-in
• Handing back keys without noting the date

Build your record at move-in and move-out

Illinois does not require a move-in checklist, so make your own. On the day you get the keys, photograph or video every room, including inside the oven, fridge, cabinets, bathroom fixtures, radiators and window tracks, and email the landlord a short list of existing problems so the date is on record. Do the same on the day you leave, after the clean. Keep the lease, the deposit receipt and your forwarding address letter together. If anything was repaired during the tenancy, keep the maintenance emails too: they show the problem was reported, which matters if the landlord later tries to charge for it as damage.

If your deposit isn’t returned

Write to the landlord first, by email and by mail, giving your forwarding address and quoting the 30-day and 45-day rules (and the RLTO if you rent in Chicago). Keep copies of everything you send. Most disputes settle at this stage, often once the landlord sees your dated photos. If they do not, small claims court handles most deposit disputes in Illinois, and legal aid organizations and the Illinois Attorney General’s consumer pages can point you to help. This guide is general information, not legal advice; check the current statute and ordinance.

A move-out plan that protects your deposit

• Three to four weeks out: give notice as your lease requires, and book your clean for the day after the movers
• One week out: sell, donate or set aside paint, chemicals and electronics; they can’t go in household trash
• The day before: defrost and empty the fridge and freezer
• Moving day: remove everything, including closets, the back porch and basement storage
• Cleaning day: kitchen and appliances, bathrooms, radiators, baseboards, tracks and floors, then photograph each room
• Hand-back: return all keys, give your forwarding address in writing, and note the date

What a move-out clean covers

Our move-out cleaning starts at $190 and follows the checklist Illinois landlords use: inside the oven, fridge and cabinets, bathrooms descaled, radiators and registers dusted, baseboards and doors wiped, window tracks cleared and floors vacuumed and mopped. Walls, carpet and inside appliances can be added. If anything on the checklist is missed, tell us within 36 hours and we come back to put it right.

See what Chicago move-out cleans actually cost, check move-out cleaning across Illinois, or get a free quote.