House & Apartment

First, remove all personal belongings from the unit. Take out trash. Place materials in recycling if service is available.

Clean all:

• Floors, counters, ledges, and windowsills,
• Appliances that came with the unit, such as a fridge, freezer, or oven,
• Bathrooms, and
• Other spaces included with the unit, like a garage, yard, basement, or storage area.

If there is a written lease, check it for specific move-out cleaning instructions.

Some tenants also make minor repairs on their own. Many videos and articles explain how to complete cosmetic fixes for a rental unit, such as:

• Filling nail holes left after removing pictures from the walls,
• Removing chewing gum, food debris, and candle wax from surfaces, and 
• Erasing scribbles left by kids.

Sometimes, after the unit is cleaned, problems become visible that need to be reported to management. For example, during tidying, it may become clear that an electrical outlet has stopped working or that tall furniture hid water damage from a neighboring unit. When this happens, alert the landlord or property manager right away.

Take dated photos or video of the unit after cleaning, including every wall, room, and closet. Show how appliances, plumbing, and other fixtures work.

For properties with a move-out checklist or instructions for preparing for inspection, take photos or video covering all items listed.

If there are damaged areas, document them carefully. Make sure that it is easy to see the extent of the problem in the photos or videos. This helps:

• Prepare for the move-out inspection,
• Limit security deposit deductions, and
• Defend against any property damage claims.

Save all photos and videos until the security deposit is returned or the landlord provides a satisfactory accounting of how it was used. These photos and videos may be needed later as evidence to settle a dispute.

After taking photos or video, do a walk-through of the unit with the landlord. Check all rooms and discuss any damage. If there is damage, take photos or a video showing the problem. Get permission from the landlord or their representative before recording video that includes them.

If a walk-through is not available, write up a list of any problems with the unit. Try to do this with a witness present. Sign and date the list, then have the witness sign and date.

Return all keys to the landlord right after moving out. If keys are returned in person, ask the landlord for a receipt. If the keys are mailed, send them by a method that provides tracking, and keep the tracking number.

Give the landlord a forwarding address. This can be an email or postal address. The landlord needs this address to:

• Return the security deposit, and
• Provide the required statement about any deductions.

If the tenant does not provide a forwarding address, the landlord cannot be held responsible in court for failing to comply with the security deposit return law.

Illinois landlords must return a security deposit, or send an itemized statement of damages, within a set time after a tenant moves out. The exact deadline ranges from 21 to 45 days, depending on the unit's location. Learn more about Using a security deposit for repairs.

If the landlord misses the deadline to return the deposit, start by following up with them directly. When the landlord is unreachable or refuses to work out an acceptable resolution, the next step is to send a demand letter requesting the return of the deposit. Our Security deposit demand letter Easy Form helps with drafting this letter. 

Make sure any demand letter includes:

• A reasonable deadline for the landlord to respond, and
• Contact information that the landlord can use to respond.

Mail the demand letter using certified mail or another method that provides proof of delivery. Pay attention to when the letter was received.

If the landlord fails to respond or disagrees with the demand, filing a lawsuit may be necessary to get the security deposit back.

Our Security deposit complaint Easy Form helps with preparing papers to start a small claims case to get a security deposit back. Small claims cases are designed to make it easier for people to represent themselves. A lawyer is not necessary, although some lawyers may be willing to take security deposit cases. This is because if the tenant wins, the landlord may have to pay the tenant's attorney's fees. Learn more about Small claims court. 

In court, the tenant must prove that the landlord:

• Did not provide the required itemized statement,
• Gave the itemized statement in bad faith, such as by including misleading or fake estimates, or by charging the tenant for costs that were not an appropriate use of the deposit, or
• Failed to return the deposit and itemized statement within the time limit.

A tenant who proves one or more of these problems can be awarded:

• Twice the amount of the security deposit owed,
• Court costs, and 
• Reasonable attorney’s fees, which have to be from an Illinois-licensed lawyer's work representing the tenant in the dispute.

Even if filing the court papers for free is an option, going to court to get a security deposit back has real costs and risks, including:

• Time away from work, caregiving, or other responsibilities, and
• Dealing with anything the landlord might bring up to defend their actions, such as claims for property damage, unpaid rent, or other expenses.

If the amount the landlord owes exceeds $10,000, the case cannot be heard in small claims court. Talk to a lawyer before starting a civil case to recover an amount over $10,000.