The steps involved in the return of your security deposit are:Review the "Common Questions" in this guide to see if you may be entitled to your security deposit.Review your lease, if you had one, for information about your security deposit.Send a letter to your former landlord asking for your security deposit and telling him where to send it.Determine whether you want to sue your former landlord for your security deposit.Complete and file the court forms to sue your former landlord.Go to court and present your case to the judge.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> Does this law apply to me?Certain cities in Illinois have rules that may replace the Illinois rules discussed here.If you lived in Chicago, then click here. East St. Louis Evanston Mount Prospect Oak Park Urbana]]>Can my landlord keep my security deposit?Yes. The landlord can deduct rent you owe him from your deposit, including your last month's rent. You can be evicted if you try to use your security deposit as rent. Your landlord can also deduct from your deposit some or all of the cost of repairing damage that you or your guests caused. Your landlord cannot keep your deposit for normal wear and tear to the apartment.]]>Does the landlord have to send me a written statement of damages?Yes. Within 30 days after you move out, your landlord must give you a written statement describing any damage to the property if she wants to deduct repair costs from your security deposit. The landlord must list the actual or estimated cost of repair and give receipts for repairs. The landlord does not have to send you a statement if the landlord kept the security deposit because you owed rent.]]>When must the landlord return the security deposit?Your landlord must return your security deposit within 45 days after you move out. If your landlord claims that you damaged the apartment, but fails to give you a written statement of the damages, then your landlord still must return your security deposit in full within 45 days. You should wait for 45 days after you have moved out and returned the keys to your landlord before you bring a lawsuit.]]>Does the landlord have to pay interest?Yes. If you live in a building with 25 or more apartments your landlord must pay you interest on your security deposit. Your landlord is required to pay you interest if he has held the security deposit for six or more months. If you stay in your apartment 12 or more months after you signed your first lease, your landlord can choose between paying the interest on your security deposit or reducing your rent for one month by the amount of interest he owes you. After you move out, your landlord must pay you all the interest he owes within 30 days. If you signed your lease in the year: Interest rate is:2007 0.50%2006 0.55%2005 0.40%2004 0.40%2003 0.30%2002 0.40%2001 0.45%2000 1.73%This rule does not apply to public housing complexes or management companies in charge of 25 or more apartments.]]>Do I need to send a letter?Yes. As soon as possible after you move out, send a letter to your landlord to ask for your deposit. The judge will want to know whether you gave the landlord a chance to return the deposit before you filed a lawsuit. Send the letter by certified mail, and request a return receipt. If the letter is returned by the post office, you should send another copy of the letter to the landlord by regular mail. You must keep a copy of your letter to the landlord and the return receipt showing the landlord's signature. You will need these papers if you go to court. Go to the "Forms/Letters" section to prepare your letter.]]>Should I sue?Things to think about are:How much will it cost you?How much is the amount you are owed?How much time will you have to take off from work?Does the landlord have an attorney?What could the landlord bring up in court against you?If you decide to file a lawsuit, your landlord can also file claims he may have against you such as damage to the apartment, unpaid rent, moving out without the required notice, and any other claims that may have cost the landlord money.]]>What amount can I sue for?You can sue your landlord to get back the amount of the security deposit that the landlord improperly withheld, plus the costs of the lawsuit. Illinois law allows a court to require your landlord to pay you twice the amount of your security deposit plus court costs if the court finds that:Your landlord refused to give you a written statement describing any property damage or your landlord gave you a damage statement in bad faith; andYour landlord failed to return the security deposit within the 45 day time limit.]]>What information do I need to have before I sue my landlord?You need to have the correct name and address of your landlord. You will list your landlord as the defendant in the case. You should list the owner of the building as a defendant. Also, you should list the manager of the building as a defendant if the manager received and held your security deposit. If you do not know the name of the owner, you should check records kept in the county clerk's office in your county to find out who the owner is of the property. You will be listed as the plaintiff.]]>How do I start a lawsuit?You need to prepare a summons and a complaint. You should be able to get a summons form from the office of the clerk of the court in your county. Go to the "Forms/Letters" section to prepare a complaint. After you have completed the summons and complaint, you will file them with the court clerk's office. In most counties, the Sheriff will serve the summons upon your landlord. When you file your complaint, the clerk will give you a "return date." The return date is the date by which the defendant must file an appearance with the court. ]]>Where do I file a lawsuit?You file a lawsuit in the county where the apartment was located or in the county where the landlord lives. Most counties have set dollar limits and have special steps to follow. You should contact the court clerk's office in the county where you wish to file the suit to see what the special steps are and for the proper forms.]]>Is there a fee to file a lawsuit?Yes. You must pay a filing fee to file a lawsuit. You should check with your local court clerk's office to determine the amount of the fee. If you cannot afford to pay the fees, the court can allow you to file without paying any fees. You should be able to get an application from the court clerk's office. If your request is denied, the court will give you a date by which you have to pay the filing fees. If you do not pay, the court can dismiss your case. To learn more about waiving court costs, see the information under "Related Articles."]]>What happens if my landlord is not present in court on the return date?If your landlord does not appear in court, the judge will enter a default judgment giving you all the things that you requested in your complaint. However, a default judgment can be set aside within thirty (30) days from the date it is entered. Your landlord would be required to give you notice that he was trying to vacate or set aside the default judgment. In almost all circumstances, the judge will vacate or set aside a default judgment if a proper motion is filed within thirty (30) days. If the default judgment is set aside, your case will then be set for trial.]]>On the return date my case was set for trial, what can I expect when I go to court?On the trial date the judge will decide if you are entitled to have your security deposit returned to you. You should be prepared to tell the judge why you think your security deposit should be returned to you. Your landlord will also be given an opportunity to tell the judge why he/she did not return your security deposit to you. The judge will then decide if your landlord should return your security deposit to you.]]>How should I prepare for court?If you decide to sue your landlord for the return of your security deposit, when you go to court you should take any documents and materials related to your security deposit, such as:Your receipt showing that you paid the security deposit to the landlordYour cancelled check or money order copyYour lease, if you have oneYour letter to the landlord asking for the return of your security depositThe return receipt "green card" showing that the landlord got your letterTo learn more about going to court, review the information under "Related Articles."]]>What happens after the trial?The judge will decide if your security deposit should be returned to you. The court will enter a judgment on a form called an order. Do not leave the courthouse without a copy of the order.]]>What if I disagree with the judge's decision?You could either file a Motion For Reconsideration or file an appeal. You have thirty (30) days after the judge's decision to file either document. A Motion For Reconsideration is a motion that you file asking the trial court to reconsider its ruling. You have to state why you think that the court was wrong when it made the original ruling. An appeal is a request to the appellate court asking it to look at the trial court's decision to see if it was right. You do not get a new trial. The rules regarding appeals are very complicated. You should either consult with an attorney or go to the law library and review the rules. See the "Helpful Organizations" section below for free legal help in Illinois.]]>What happens if I win my case?If your landlord does not voluntarily give you the money the judge ordered, you will need to attempt to collect the money judgment from your landlord. There are special rules regarding how to collect the money judgment. See the "Related Articles" section for more information about how to collect on a judgment.]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]>6012index.cfm?fuseaction=home.dsp_content&contentID=6012Letter to Landlord Demanding the Return of Security Deposit for Buildings with Five or More Units4554index.cfm?fuseaction=home.dsp_content&contentID=4554Security Deposit Complaint and Summons for Buildings with Five or More Units Following are step-by-step instructions to help you with your legal problem. You should print these steps and take them with you to use as a checklist.]]>Send a Letter to Your LandlordAs soon as you move out, send a Security Deposit Demand Letter to your landlord asking for your deposit. Send the letter by certified mail, and request a return receipt; If the letter is returned by the post office, send another copy of the letter to the landlord by regular mail; Keep a copy of the letter and the return receipt showing the landlord's signature.]]>Wait 45 Days for the Landlord to Return Your Security DepositYour landlord can keep the security deposit for a reasonable amount of time after you move out. You should wait at least 45 days after you have moved out and returned the keys to your landlord before you bring a lawsuit.]]>Get Information about Your Landlord, Building Owner and Building ManagerMake sure you have the correct name and address of your landlord; If your building manager held your security deposit then you will also need his or her correct name and address; If you do not know the name of the owner, you should check records kept in the county clerk's office in your county to find out who the owner is of the property. A list of circuit courts in Illinois with the names of the circuit clerks is available here.]]>Prepare Your FormsPrepare your Security Deposit Complaint using the interview in the "Forms/Letters" section of this guide.Make sure you have at least 3 copies (plus one for each additional defendant) of the complaint.Attach copies of these documents to your complaint:Receipt for security deposit or lease Demand letter]]>Determine in Which County You Should File Your CaseYou may file a lawsuit in the county where the apartment was located or in the county where the landlord lives. Most counties have set dollar limits and have special steps to follow. You should contact the court clerk's office in the county where you wish to file the suit to find out what steps you need to take.]]>File Your Complaint with the Clerk's OfficeTake all copies of your complaint with the attachments to the clerk's office. File your complaint with the clerk. The clerk will give you a return date. The clerk will also give you a "trial date." The trial date is your court date. On that day you must appear in front of a judge for your hearing. The trial date is two weeks after the return date. While you are at the clerk's office, pick up a blank summons form. You will need 1 summons for each defendant.]]>Serve the Defendants with the SummonsYou must serve the defendant with a summons to notify them of the lawsuit. If you sue someone but you do not give them proper notice, they can have the lawsuit dismissed.Fill out the blank summons. If there is more than 1 defendant, fill out a separate summons for each defendant; Send the summons and a copy of the complaint to each defendant by certified mail; If the defendant does not sign the receipt for the certified mail then you must have the sheriff's office serve the summons and complaint on the defendant.]]>Go to Your Court DateGo to court on your trial date, as shown on the summons. Take all the remaining copies of your forms to court, and the originals of any attachments, including:Your receipt showing that you paid the security deposit to the landlordYour cancelled check or money order copyYour lease, if you have oneYour letter to the landlord asking for the return of your security depositThe return receipt "green card" showing that the landlord got your letterMove-in and/or move-out inspection reportsPhotographs showing the condition of your apartmentGet to court at least 15 minutes early. Sign in with the clerk in your courtroom. Then sit in the back of the courtroom and wait for your case to be called by the clerk. You may have to come back to court one or more times. The judge will decide if the case is ready for a trial or if the case must be "continued" (rescheduled). If you have the trial and win the case, the judge will award you a judgment. If you lose, the judge will award a judgment to your landlord, which means you do not get your security deposit back and may be ordered to pay your landlord's court costs.]]>Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>2151index.cfm?fuseaction=home.dsp_content&contentID=2151Tips for Going to Court3637index.cfm?fuseaction=home.dsp_content&contentID=3637How to Get Your Security Deposit Back in Chicago from your Landlord372index.cfm?fuseaction=home.dsp_content&contentID=372What Should I Know about Leasing an Apartment?1779index.cfm?fuseaction=home.dsp_content&contentID=1779How to Waive Your Court Costs3638index.cfm?fuseaction=home.dsp_content&contentID=3638How to Get Your Security Deposit Back in Illinois (4 or fewer apartments)5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own Video4207index.cfm?fuseaction=home.dsp_content&contentID=4207How Do I Collect Payments After Getting a Judgment?