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https://www.illinoislegalaid.org/legal-information/getting-back-security-deposit
Date: 09/15/2025

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  3. Security deposits and fees
  4. Getting back a security deposit

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House & Apartment

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The Big Picture

A security deposit is a payment from a tenant A person who rents a space held by a landlord An owner of property who rents it out to a tenant . This is to make sure that the tenant pays…

More on Getting or returning a security deposit
Getting back a security deposit How-To
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Take these steps before suing your landlord An owner of property who rents it out to a tenant to get back your security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. .

Move out and clean the apartment

Move all of your items from the unit, and clean the unit thoroughly. This includes all floors and surfaces, the refrigerator, the freezer, the oven, and all bathrooms.

Check the written lease, if there is one, to make sure you have followed all of the instructions for moving out.

Take photos and do a walk-through with landlord

To avoid disputes about the condition of the apartment:

  • Take photos or video of the unit before you move. For example, take pictures of every wall, room, and closet. The photos should be clear, dated, and saved in a safe place.
  • Do a walk-through or inspection of the unit with your landlord An owner of property who rents it out to a tenant , checking all of the rooms and discussing any damage. This will avoid arguments later.
  • If your landlord refuses to do a walk-through, write up a list of any problems with the apartment when you move out. You can have a friend go through the apartment with you to witness A person who answers questions in court under oath any problems. You and your friend should then date and sign this list.
Return keys and provide your new address
  • Return all of the keys to the landlord An owner of property who rents it out to a tenant right after you move. If you do not, the landlord may charge you. If you return the keys to a leasing office, have the landlord write up a receipt acknowledging that the keys have been returned. If you are returning keys by mail, send the keys with a tracking number and keep that tracking number for your records. 
  • Give the landlord in writing the address where you want them to mail the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. .
Send a demand letter

Your landlord An owner of property who rents it out to a tenant should either:

  • Provide you with an itemized statement of damages, including the costs of repair with receipts, within 30 days after you return your keys; or
  • Return your security deposit in full within 45 days after you return your keys. 

In suburban Cook County, the security deposit must be returned within 30 days after the tenant A person who rents a space has left. This timeline does not apply to Chicago, Evanston, Oak Park, or Mount Prospect. In Oak Park, the security deposit must be returned within 30 days after the tenant has left.

After the time expires for your landlord to return your security deposit, write to your landlord and demand that your security deposit be returned. A demand letter tells the landlord that you want your security deposit back.

If you do not owe the landlord any money, send a written demand letter by mail with a tracking number requesting return of the deposit. The letter should tell the landlord that they had 45 days to either return the security deposit or give you a list of how the money was spent.

You can use the Security deposit demand letter program to help you write the letter.

Decide whether to sue landlord

You may sue your landlord An owner of property who rents it out to a tenant if they still owe you money:

  • If the landlord does not send you a list of repairs or expenses after 45 days, then you may file a case in small claims court in the county where the unit was located or where the landlord lives.
  • You can sue your landlord to get back the amount of the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. that the landlord withheld, plus the costs of the lawsuit. In Chicago, you can sue for your security deposit plus twice the security deposit plus court costs The fees for going to court, including filing, serving, and getting transcripts . In suburban Cook County, you can sue for 2 times the security deposit plus court costs. In Oak Park, you can sue for 2 times the security deposit plus court costs.
  • Before bringing a lawsuit, think about court costs, time away from work, and what the landlord could bring up against you. If you file a lawsuit, the landlord can also file claims against you for things like damage to the apartment, unpaid rent, and anything else that cost the landlord money.

Note: If the amount of money the landlord owes you is more than $10,000, you should speak to a lawyer Someone who represents clients in courts or who gives legal advice about the case, instead of filing it on your own. The above steps only apply to cases for $10,000 or less.

Last full review by a subject matter expert
July 25, 2019
Last revised by staff
July 28, 2021

About our legal information

Forms

Small claims complaint Easy Form
A program to help you make the forms to sue someone for up to $10,000. It can be used to sue a landlord for a security deposit.
Security deposit demand letter Easy Form
A program to help you demand that your former landlord return your security deposit.
Security deposit complaint Easy Form
A program to help you sue to get your security deposit back.

Learn more

Paying interest on security deposits
Getting my security deposit back if the property is sold
Deposit to hold an apartment

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

The Big Picture

A security deposit is a payment from a tenant A person who rents a space held by a landlord An owner of property who rents it out to a tenant . This is to make sure that the tenant pays…

More on Getting or returning a security deposit

Forms

Small claims complaint Easy Form
A program to help you make the forms to sue someone for up to $10,000. It can be used to sue a landlord for a security deposit.
Security deposit demand letter Easy Form
A program to help you demand that your former landlord return your security deposit.
Security deposit complaint Easy Form
A program to help you sue to get your security deposit back.

Learn more

Paying interest on security deposits
Getting my security deposit back if the property is sold
Deposit to hold an apartment
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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.