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Date: 09/14/2026

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House & Apartment

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Renting or leasing a home

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Security deposits Guide

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A security deposit is a payment a tenant makes at the start of a lease. The landlord keeps the security deposit until after the tenant moves out. 

The money remains the tenant's property during the lease. Some landlords have to pay the tenant interest on the security deposit.

At the end of the lease, if the tenant leaves the property in disrepair, the landlord may use the money to:

  • Clean the apartment,
  • Fix damage to the property, and
  • Replace broken parts that cannot be repaired.

The landlord must follow strict deadlines for providing the tenant with information about how the deposit is used. If the landlord fails to follow the rules, the tenant can sue for twice the amount of the deposit, plus court costs and legal fees.

Last full review by a subject matter expert
September 14, 2026
Last revised by staff
September 14, 2026

About our legal information

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Take action

Follow step-by-step instructions for handling your legal issue.

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Getting back a security depositHow-To
Explains steps to get your security deposit back, including writing a demand letter.
Starting a case to get a security deposit backHow-To
Steps to get a security deposit back by going to court from the forms you need to how the court hearing works.
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Forms

Create forms to help resolve your legal issue.

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Security deposit demand letter Easy Form
This Easy Form helps you make a letter asking your landlord to return your security deposit.
Security deposit complaint Easy Form
This Easy Form makes a Small Claims Complaint you can use to sue a former landlord to return your security deposit.
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Learn more

Find detailed explanations, frequently asked questions, videos, and related topics.

arrow
Using a security deposit FAQ
Find out the rules landlords must follow when using a security deposit to make repairs.

Common questions

  • What is a security deposit?
  • How much can a security deposit be?
  • Are security deposits the same as a move-in fee?
  • When do security deposits earn interest?
  • Can a security deposit be used to put the unit “on hold” for a tenant?
  • Who owns the interest on a security deposit?
  • What interest rate applies to security deposits?
View all questions

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Apply Online

What’s next?

You have learned the basics. Choose what you would like to do next.

icon

Forms

Create forms to help resolve your legal issue.

arrow
Security deposit demand letter Easy Form
This Easy Form helps you make a letter asking your landlord to return your security deposit.
Security deposit complaint Easy Form
This Easy Form makes a Small Claims Complaint you can use to sue a former landlord to return your security deposit.
icon

Learn more

Find detailed explanations, frequently asked questions, videos, and related topics.

arrow
Using a security deposit FAQ
Find out the rules landlords must follow when using a security deposit to make repairs.
icon

Take action

Follow step-by-step instructions for handling your legal issue.

arrow
Getting back a security depositHow-To
Explains steps to get your security deposit back, including writing a demand letter.
Starting a case to get a security deposit backHow-To
Steps to get a security deposit back by going to court from the forms you need to how the court hearing works.

Supporting law

If you want to learn more, you can use these resources as a starting point or learn more about doing your own legal research.
Chicago Residential Landlord and Tenant Ordinance (CRLTO), Chicago Municipal Code, Chapter 5-12, sections 5-12-010 to 5-12-200 This will take you to another website.
Evanston Residential Landlord and Tenant Ordinance (ERLTO), Evanston Code of Ordinances, Chapter 3, sections 5-3-1 to 5-3-12 This will take you to another website.
Mobile Home Landlord and Tenant Rights Act, 765 ILCS, sections 745/1 to 745/26 This will take you to another website.
Oak Park Residential Tenant and Landlord Ordinance (Oak Park RLTO), Oak Park Code, Article 6, sections 12-6-1 to 12-6-16 This will take you to another website.
Security Deposit Interest Act, 765 ILCS 715, sections 0.01 to 3 This will take you to another website.
Security Deposit Return Act, 765 ILCS 710, sections 0.01 to 2 This will take you to another website.
Suburban Cook County Residential Tenant and Landlord Ordinance (CCRTLO), Cook County Code, Article IV, Chapter 42, sections 42-101 to 42-119 This will take you to another website.
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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.