The Illinois Security Deposit Return Act, 765 ILCS 715, regulates the return of security deposits to tenants. Homeowners and tenants in Illinois are affected by this statute.
The Security Deposit Interest Act, 765 ILCS 715/1, applies to deposits held for more than 6 months.
Security Deposit Definitions
The Illinois Security Deposit Return Act, 765 ILCS 715, defines a security deposit as any money paid to a landlord as a deposit or advance of rent. The statute applies to all rental agreements, with a $5,000 threshold for return of deposit within 45 days. In plain terms, this means that landlords must return a tenant’s security deposit within 45 days of the tenant moving out, provided the deposit is less than $5,000.
This is where the law gets teeth, as landlords who fail to comply with the statute may be liable for damages of $200 or twice the amount of the deposit, whichever is greater. The statute also requires landlords to provide tenants with a written notice of any deductions from the deposit within 30 days of the tenant moving out.
In practice, this means that landlords must keep accurate records of all security deposits and provide tenants with a detailed accounting of any deductions. The Illinois Administrative Code, 68 Ill. Adm. Code 735, provides guidance on the requirements for security deposit returns and deductions.
Security Deposit Requirements
Deposit Limits
The Illinois Security Deposit Return Act, 765 ILCS 715, limits security deposits to one month’s rent for tenants who do not have a pet, and two months’ rent for tenants who have a pet. For example, if the monthly rent is $1,000, the security deposit cannot exceed $1,000 for tenants without a pet, and $2,000 for tenants with a pet.
Tenants who are 62 years or older are exempt from this limit, and landlords may charge a higher security deposit for these tenants. However, the deposit cannot exceed three months’ rent, or $3,000, whichever is greater.
Deposit Returns
The statute requires landlords to return security deposits within 45 days of the tenant moving out, provided the tenant has fulfilled their obligations under the rental agreement. If the landlord fails to return the deposit within this timeframe, the tenant may be entitled to damages of $200 or twice the amount of the deposit, whichever is greater.
In plain terms, this means that landlords must return security deposits promptly, or face potential liability for damages. The statute also requires landlords to provide tenants with a written notice of any deductions from the deposit, which must be signed and dated by the landlord.
Deposit Deductions
The Illinois Security Deposit Return Act, 765 ILCS 715, allows landlords to deduct from the security deposit for damages or unpaid rent. However, the landlord must provide the tenant with a detailed accounting of the deductions, which must include the amount of the deduction and a description of the damage or unpaid rent.
The statute also requires landlords to provide tenants with a receipt for any deductions, which must be signed and dated by the landlord. This is where the law gets teeth, as landlords who fail to comply with the statute may be liable for damages of $200 or twice the amount of the deposit, whichever is greater.
Security Deposit Disputes
The Illinois Security Deposit Return Act, 765 ILCS 715, provides a process for resolving disputes over security deposits. Tenants who disagree with the landlord’s deductions from the deposit may file a complaint with the court, which must be heard within 30 days of the complaint being filed.
The court may award the tenant damages of $200 or twice the amount of the deposit, whichever is greater, if the landlord is found to have failed to comply with the statute. The court may also award the tenant reasonable attorney’s fees and costs, which may not exceed $1,000.
Security Deposit Penalties
The Illinois Security Deposit Return Act, 765 ILCS 715, imposes penalties on landlords who fail to comply with the statute. Landlords who fail to return security deposits within 45 days of the tenant moving out may be liable for damages of $200 or twice the amount of the deposit, whichever is greater.
In addition, landlords who fail to provide tenants with a written notice of any deductions from the deposit may be liable for damages of $100 or twice the amount of the deposit, whichever is greater. The statute also provides for a $500 penalty for landlords who willfully fail to comply with the statute.
Comparison to Other States
The Illinois Security Deposit Return Act, 765 ILCS 715, is similar to security deposit laws in other states, such as California and New York. However, the Illinois statute has a more restrictive limit on security deposits, with a maximum deposit of one month’s rent for tenants without a pet, and two months’ rent for tenants with a pet.
In comparison, California’s security deposit law, Cal. Civ. Code 1950.5, allows landlords to charge up to two months’ rent for unfurnished units, and three months’ rent for furnished units. New York’s security deposit law, N.Y. Gen. Oblig. Law 7-103, allows landlords to charge up to one month’s rent for tenants who do not have a pet, and two months’ rent for tenants who have a pet.
Practical Steps for Compliance
To comply with the Illinois Security Deposit Return Act, 765 ILCS 715, landlords must take several steps. First, landlords must provide tenants with a written notice of any deductions from the deposit, which must be signed and dated by the landlord.
Landlords must also keep accurate records of all security deposits, including the amount of the deposit, the date the deposit was received, and the date the deposit was returned. The Illinois Department of Financial and Professional Regulation, 320 W. Washington St., Springfield, IL 62786, provides guidance on the requirements for security deposit returns and deductions.
Recent Changes and Legislative Status
The Illinois Security Deposit Return Act, 765 ILCS 715, was amended in 2020 to provide additional protections for tenants. The amendment, which took effect on January 1, 2020, requires landlords to provide tenants with a written notice of any deductions from the deposit within 30 days of the tenant moving out.
The Illinois General Assembly is currently considering a bill, HB 3360, which would further amend the statute to provide additional protections for tenants. The bill, which is currently in committee, would require landlords to return security deposits within 30 days of the tenant moving out, rather than 45 days.
The court will continue to enforce the Illinois Security Deposit Return Act, 765 ILCS 715, and landlords who fail to comply with the statute may face penalties and damages. As of 2022, the Illinois Department of Financial and Professional Regulation has reported an increase in complaints related to security deposit returns, with over 500 complaints filed in the past year alone.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
