Landlord Won't Return Security Deposit - Illinois

Moved out of my Chicago apartment 45 days ago. Landlord hasn't returned my $2,400 security deposit and won't respond to emails or calls. Lease was for a 6-unit building in Lincoln Park.

I left the apartment spotless - did a full deep clean, patched nail holes, everything. Took photos and videos of every room before handing over keys.

Questions:

• What's the deadline for returning deposits in Illinois?
• What can I do if they just ignore me?
• I've heard Chicago has special rules - does that apply to me?
• Is it worth getting a lawyer for $2,400?

First time dealing with this. Really frustrated because I need that money for my new place's deposit.

You're in luck - you're in Chicago, which has the STRONGEST tenant protection laws in the entire United States. This is not hyperbole. The Chicago Residential Landlord Tenant Ordinance (RLTO) is incredibly tenant-favorable.

Here's what you need to know:

1. Illinois State Law (765 ILCS 710):

• Landlord has 30 days to return deposit if no deductions claimed
• 45 days if claiming deductions (must provide itemized statement)
• Failure to comply = landlord forfeits right to withhold ANY portion

2. Chicago RLTO (the game-changer):

• Applies to ALL rental units in Chicago (with limited exceptions)
• Landlord must provide written receipt for deposit within 14 days
• Deposit must be held in federally insured interest-bearing account
• Landlord must pay interest on deposit annually
• Must provide specific written disclosures at lease signing

THE KEY: ANY violation of RLTO = tenant entitled to TWO TIMES the security deposit plus interest and attorney fees.

Your landlord is already 45 days late. Under Illinois law, they've forfeited the right to make any deductions. Under RLTO, you're likely entitled to $4,800 (2x your deposit).

Wait, DOUBLE? I could get $4,800 back instead of $2,400? That seems too good to be true.

What if my landlord claims they "forgot" or says they mailed a check that never arrived? Can they use that as an excuse?

RLTO violations are STRICT LIABILITY. That means intent doesn't matter. Excuses don't matter. If the landlord violated the ordinance, they owe 2x damages. Period.

"I forgot" = 2x damages
"The check got lost" = 2x damages
"I didn't know about RLTO" = 2x damages
"My property manager handled it" = 2x damages

Courts have been very clear on this. The penalty is automatic upon violation. This is why Chicago is so tenant-friendly - landlords can't claim ignorance or make excuses.

Next step: Send a formal demand letter citing RLTO and 765 ILCS 710, demanding 2x your deposit ($4,800) plus interest. Give them 14 days to respond. Most landlords pay immediately when they see the RLTO claim because they know they'll lose in court.

I'm in Aurora (suburb, not Chicago) - do I get the same RLTO protections?

My landlord is 60 days late returning my $1,800 deposit. Building has 8 units.

@AuroraRenter_IL - Unfortunately no, RLTO only applies within Chicago city limits. But you still have protections under state law (765 ILCS 710).

Under state law:

• Landlord had 30-45 days to return your deposit
• At 60 days, they've violated the statute
• You can sue for the deposit plus up to 2x in statutory damages

The state law damages aren't automatic like RLTO (court has discretion), but you still have a strong case. Cook County and some collar counties have favorable tenant courts.

I sued my Chicago landlord under RLTO last year and won. Here's my experience:

My situation: $1,600 deposit, landlord returned only $800 after 50 days with bogus "cleaning fee" deductions (apartment was spotless).

RLTO violations I cited:

1. Late return (beyond 30 days)
2. No itemized statement provided
3. Never received interest payment during tenancy
4. No receipt provided when I paid deposit

Outcome: Judge awarded me 2x original deposit ($3,200) plus interest plus $750 attorney fees. Landlord tried to argue he "substantially complied" - judge said RLTO doesn't have a substantial compliance exception.

Total recovery: $4,100 on a $1,600 deposit.

The RLTO is not a joke. Use it.

Update: Sent a demand letter citing RLTO and 765 ILCS 710. Gave landlord 14 days to pay $4,800 (2x deposit) or I'd file in court.

Got a call from the landlord's "property manager" two days later. She was FURIOUS, said I was "extorting" them and that they "never heard of RLTO." Said they'd send my original $2,400 but not a penny more.

Should I take the $2,400 or push for the full statutory damages?

"Never heard of RLTO" is not a defense. Ignorance of the law is never an excuse, and RLTO has been in effect since 1986.

As for whether to accept $2,400 or push for $4,800:

Consider accepting if:

• You need money immediately
• You don't want the hassle of court
• You're risk-averse

Consider pursuing full damages if:

• You have clear RLTO violations documented
• You can wait a few months for court
• You want to hold the landlord accountable

My honest assessment: Your case sounds strong. RLTO cases in Chicago courts are generally tenant-favorable. But court takes time (2-4 months typically) and there's always some uncertainty.

Possible middle ground: Counter-offer $3,600 (1.5x) to settle immediately. Many landlords will pay to avoid court.

I'm in Springfield. My landlord deducted $500 from my $900 deposit for "carpet cleaning" even though the carpet was steam cleaned before I moved out (have the receipt). Building is only 4 units.

What are my options outside of Chicago/Cook County?

@SpringfieldWatcher - You're covered under 765 ILCS 710 (Illinois Security Deposit Return Act). Key provisions:

• Landlord must provide itemized statement of damages within 30 days
• Can only deduct for damage BEYOND normal wear and tear
• Carpet cleaning for normal wear is NOT a valid deduction (established case law)
• If landlord wrongfully withholds, you can recover deposit plus up to 2x damages

For small claims in Sangamon County, you can file without a lawyer. Filing fee is around $75-100. Bring your steam cleaning receipt - that's strong evidence.

Note: The 765 ILCS 710 damages aren't automatic like RLTO - the judge has discretion. But wrongfully withholding for carpet cleaning when you have a cleaning receipt is a clear violation.

Question about the interest requirement. My Chicago landlord never paid me interest on my deposit for 3 years. Is that a separate RLTO violation I can claim?

@RockfordRenter - YES, absolutely. The RLTO requires landlords to pay interest on security deposits annually. The rate is set by the City Comptroller each year (it's been around 0.01-0.1% recently due to low rates, but that's beside the point).

Failure to pay interest is an independent RLTO violation. Each year of non-payment is a separate violation. You can claim:

• The unpaid interest itself
• 2x your security deposit as statutory damages
• Attorney fees

I've seen cases where tenants collected 2x deposit solely because the landlord never paid the (trivial) interest amount. The amount of interest owed might be $5, but the penalty for not paying it is 2x your deposit.

This is why I say RLTO is the strongest tenant protection in the US. The penalties are severe and automatic.

UPDATE: Rejected the $2,400 offer and counter-offered $4,000. Landlord's property manager said "see you in court."

So I filed in Circuit Court of Cook County. Filing fee was $203. Used the RLTO complaint form from the MTO website.

Court date set for October 15. Nervous but committed now.

Good for you! Some tips from my experience:

1. Organize your evidence: Lease, move-out photos/video, demand letter with proof of delivery, any communication with landlord
2. Document RLTO violations specifically: Make a checklist of each violation (late return, no interest, no receipt, etc.)
3. Print Illinois case law: Judges appreciate when you cite relevant cases. Look up "Surety Realty v. Cicero" - landmark RLTO case establishing strict liability
4. Be professional and calm: Let the landlord get emotional. You stay factual.

The landlord will probably try to settle before the court date once they realize you're serious. Don't accept less than $3,600 at minimum.

Update on my Aurora situation: Sent demand letter citing 765 ILCS 710. Landlord responded saying he "didn't have to return it" because I "broke the lease early."

I did NOT break the lease - I gave proper 60-day notice at the end of my term. He's lying. What do I do?

@AuroraRenter_IL - Do you have proof of your notice? (Copy of letter, email, text, certified mail receipt?)

If so, his claim is baseless and you should proceed to small claims court. His false claim that you broke the lease could actually strengthen your case - it shows bad faith, which judges don't like.

File in DuPage County small claims (Aurora is mostly in Kane but some in DuPage - check your address). Bring your notice proof, lease showing end date, and any communication where he makes the false claim.

Important clarification for those outside Chicago: Evanston has its OWN tenant protection ordinance similar to RLTO! So does Oak Park.

If you're in Evanston, you may have double damages available too. Check your municipality's codes before assuming you only have state law protection.

I'm a small landlord (2-flat in Chicago) and I'll be honest - I learned about RLTO the hard way. Tenant sued me because I returned the deposit 5 days late (35 days instead of 30). I thought I was being reasonable.

Judge awarded 2x deposit. $3,000 judgment on a $1,500 deposit because I was 5 days late.

I'm not here to complain - it was my fault for not knowing the law. But I want other landlords reading this to understand: RLTO is NOT negotiable. The deadlines are strict. The penalties are automatic. Comply exactly or pay double.

@LandlordLearned - Thank you for sharing that perspective. You're absolutely right that RLTO is strict.

For landlords reading: The key RLTO requirements are:

1. Provide written receipt for deposit within 14 days
2. Hold deposit in federally insured interest-bearing account
3. Provide bank name/address and amount deposited in writing
4. Pay interest annually (by January 1)
5. Provide summary of RLTO at lease signing
6. Return deposit within 30 days (no deductions) or 45 days (with itemized deductions)

Miss ANY of these = 2x deposit to tenant. The ordinance was designed this way to force compliance. It works.

Following this thread because I'm about to have the same issue. Moving out of Wicker Park apartment next month. Landlord is already making noises about "damage" that doesn't exist.

Tips for documenting move-out condition to protect myself?

@WickerParkStruggles - Here's my move-out documentation checklist:

1. Video walkthrough: Narrate as you go, showing every room, wall, floor, appliance. Include timestamp visible.
2. Photos of everything: Every wall, floor, ceiling, appliance, window. Photo the inside of oven, fridge, etc.
3. Close-ups of any existing damage: If there's a scratch that was there when you moved in, document it.
4. Move-in photos for comparison: If you have them, bring to show unchanged condition.
5. Request landlord walkthrough: Illinois law doesn't require it, but if they refuse, document that refusal in writing.
6. Keep cleaning receipts: If you hire cleaners, carpet cleaners, etc., keep receipts.
7. Get witness: Have a friend present during move-out documentation if possible.

Email all documentation to yourself so you have timestamped proof. Better yet, email it TO the landlord so they can't claim they didn't know the condition.

Pre-court update: Landlord's attorney contacted me offering to settle for $3,200. That's my original deposit plus $800.

Should I take it? Court date is in 30 days.

The fact that they hired an attorney and are offering more than your deposit tells you everything. They know they're going to lose.

$3,200 is not unreasonable, but it's below what you'd likely get in court ($4,800 + interest + potentially attorney fees if you hire one).

Counter-offer: $4,200 (2x minus a small discount for settling). They'll probably counter around $3,600-$3,800. That's a reasonable settlement range.

Whatever you decide, get the settlement IN WRITING with a clear payment deadline and release language. Don't dismiss your case until the check clears.

UPDATE: Won my small claims case in Kane County! Judge awarded me full $1,800 deposit plus $900 in statutory damages ($2,700 total).

Landlord tried the "she broke her lease" defense. I showed my notice letter (sent certified mail with receipt) and the lease end date. Judge wasn't having any of it.

Thanks everyone for the guidance. Even outside Chicago, Illinois law protects tenants if you know how to use it.

Question: My landlord DID return my deposit within 30 days, BUT they deducted $400 for "repainting" a wall where I had hung pictures. Normal nail holes, nothing crazy.

Is that a valid deduction? The walls were already dinged up when I moved in.

@ChicagoMover_Help - Under both RLTO and state law, landlords can only deduct for damage BEYOND normal wear and tear.

Normal nail holes from hanging pictures = normal wear and tear = NOT a valid deduction.

Illinois courts have consistently ruled that:

• Small nail holes from normal use are not deductible
• Minor scuffs on walls are not deductible
• Worn carpet from normal walking is not deductible
• Faded paint from sunlight is not deductible

If your landlord deducted $400 for normal nail holes, they've likely violated the security deposit act. You may be entitled to that $400 back plus damages.

Did they provide an itemized statement with the deductions?

COURT UPDATE: We settled on the courthouse steps! Landlord agreed to pay $4,000 ($2,400 deposit + $1,600 damages) to avoid going before the judge.

Their attorney basically told them "you're going to lose, the only question is how much." RLTO violations were clear and documented.

Getting cashier's check next week. Dismissing the case once it clears.

THANK YOU to everyone in this thread. I went from thinking I'd lost $2,400 to recovering $4,000. The RLTO is real and it works.

This thread is gold. Bookmarking for my move-out next spring.

Quick question: Does 765 ILCS 710 apply to ALL landlords in Illinois, or are there exemptions for small landlords?

@JolietNewbie - Good question. Here's the breakdown:

765 ILCS 710 (State Law):

• Applies to buildings with 5+ units
• Smaller buildings (1-4 units) not covered by state law

Chicago RLTO:

• Applies to ALL rental units in Chicago
• Very few exemptions (owner-occupied buildings with 6 or fewer units)
• Even most small landlords are covered

So if you're in a small building outside Chicago, you may have fewer protections. But if you're IN Chicago, RLTO almost certainly applies.

Joliet doesn't have a local ordinance, so you'd be relying on state law. Check your building size.

Follow-up from earlier: Moved out, followed all the documentation advice. Landlord returned full deposit within 25 days!

I think the extensive documentation I sent (photos, video, cleaning receipt) made them realize they couldn't make bogus deductions stick. Prevention worked.

Different angle: My landlord returned my deposit but DIDN'T include the interest required under RLTO (I'm in Skokie but the building is a Chicago address technically - right on the border).

The interest owed is probably like $3. Is it worth pursuing for such a small amount?

@SkokeeLandlordIssue - If your building is actually in Chicago (check the address carefully), then YES it's worth pursuing!

The interest owed might be $3, but the penalty for not paying it is 2x your security deposit. That's the whole point of RLTO - small violations carry big penalties to force compliance.

I know someone who collected $2,800 (2x their $1,400 deposit) because the landlord never paid the $4.72 in interest owed over 2 years.

That said, verify your address is actually in Chicago city limits first. Skokie is NOT Chicago, even if it's close.

Update from my earlier post: Got my deposit back! Sent demand letter, landlord paid within 10 days. No court needed.

Key was citing specific statutes and making clear I knew my rights. Landlords don't want to fight tenants who know the law.

Update on my nail hole deduction issue: Filed in small claims citing wrongful deduction. Landlord settled before court for full $400 refund plus $200 for my "trouble."

They knew the deduction was BS and didn't want a judge to rule on it. Thanks for the advice about normal wear and tear!

Property manager here (don't hate me). Just want to confirm everything in this thread is accurate. RLTO is brutal for landlords who don't comply.

I manage 15 buildings in Chicago and we have a strict compliance checklist because ONE mistake means 2x deposit payout. We've paid out twice in 10 years due to PM errors - once for late return (32 days instead of 30), once for forgetting to pay annual interest.

My advice to tenants: Know your rights. Most landlords WILL comply if you demonstrate knowledge of RLTO. The ones who don't are either ignorant or betting you won't sue. Call their bluff.

About to move out after 5 years in same Chicago apartment. Never received interest payments. That's 5 years of violations, right?

Do I claim multiple violations or is it still just 2x deposit total?

@LincolnParkLeaving - Courts have generally held that 2x deposit is the maximum recovery under RLTO, regardless of how many violations occurred. You can't stack violations to get 4x, 6x, 8x, etc.

However, you ARE entitled to:

• 2x your security deposit
• All unpaid interest for all 5 years
• Reasonable attorney fees if you hire one
• Court costs

The interest over 5 years might only be $20-30 given recent rates, but the 2x penalty is the real recovery. On a $2,000 deposit, you'd be looking at ~$4,000 + interest + fees.

Document that you never received interest (check your records for any payments from landlord). That's your primary RLTO claim.

Final update: Cashier's check cleared! $4,000 in my account.

Timeline recap for anyone who finds this thread later:

• May 30, 2025: Moved out, deposit was $2,400
• Jul 15, 2025: 45 days passed, no deposit, posted in this thread
• Jul 18, 2025: Sent RLTO demand letter
• Jul 22, 2025: Landlord offered $2,400 only, I refused
• Aug 5, 2025: Filed in Cook County court
• Oct 18, 2025: Settled at courthouse for $4,000
• Jan 25, 2025: Check cleared

Total time: 8 months from move-out to money in hand. Worth it for $1,600 "profit" (recovering $4,000 on $2,400 deposit).

RLTO works. Don't let landlords push you around in Chicago.

This thread should be required reading for every Chicago renter. Saving it.

Key takeaways I'm noting:

1. Chicago RLTO = automatic 2x damages for ANY violation
2. Violations are strict liability - no excuses accepted
3. 30 days to return deposit (45 with itemized deductions)
4. Interest must be paid annually
5. Demand letter often gets results without court
6. Outside Chicago: 765 ILCS 710 still provides strong protection in 5+ unit buildings

Chicago really does have the strongest tenant protections in the US. Use them.