Suing for a Deposit in Illinois: 2x Penalty, $10,000 Small Claims

By Steve Levine · Updated November 3, 2026

Short answer: An Illinois security deposit lawsuit can recover twice the deposit due, plus court costs and reasonable attorney’s fees, when a circuit court finds the landlord refused to give the itemized statement required by 765 ILCS 710/1, or gave it in bad faith, and did not return the money on time. Most of these cases go to small claims, which in Illinois covers claims of $10,000 or less.

Illinois turns on receipts. A landlord who wants to deduct for damage must send an itemized statement within 30 days with paid receipts or copies attached, or follow up with receipts within 30 days after sending estimates. If neither happens, the full deposit is due within 45 days of move-out. A landlord who skips that paperwork has very little to stand on in court.

Illinois Security Deposit Lawsuit Basics

Rule	Illinois	Statute or source
Itemized statement	Within 30 days of vacating, or of the end of the right of possession if later, with paid receipts	765 ILCS 710/1(a)
Receipts after estimates	Within 30 days after the estimate was sent	765 ILCS 710/1(a)
No statement sent	Full deposit returned within 45 days of vacating	765 ILCS 710/1(a)
Penalty	2x the deposit due + court costs + reasonable attorney’s fees	765 ILCS 710/1(c)
Small claims limit	$10,000 or less	Illinois Courts small claims forms guide
Interest on deposits	Landlords with 25 or more units	765 ILCS 715/1

What Makes the Double Penalty Apply

The penalty in § 1(c) is not automatic. A circuit court must find two things: that the landlord refused to supply the itemized statement or supplied it in bad faith, and that the landlord failed or refused to return the deposit due within the time limits. When both are shown, the landlord owes twice the amount of the deposit due, together with court costs and reasonable attorney’s fees.

So your case is really about the statement. Ask yourself:

Did any itemized statement arrive within 30 days, by personal delivery, postmarked mail to your last known address, or e-mail to a verified address you provided?
Did it list each item of damage with an estimated or actual cost?
Were paid receipts or copies attached, or, if the landlord gave estimates, did receipts follow within 30 days?
Do the charges cover real damage, or ordinary wear such as faded paint and worn carpet?

Section 1(b) gives landlords one escape: if, through no fault of their own, they can’t produce receipts, they must give an itemized cost list, any other evidence of cost, and a verified statement explaining why receipts are missing.

Lease-specified charges since 2024

Public Act 103-224, effective January 1, 2024, added a twist. If your written lease lists a set cost for cleaning, repair or replacement of a specific component, the landlord may withhold that dollar amount. The statute requires the cost to be for damage beyond normal wear and tear and reasonable to restore the unit to its condition at the start of the lease, and the itemized statement must reference the lease amount and attach the relevant lease page. Check your lease before you file, and challenge any listed charge that doesn’t meet those conditions.

Give an Address, Then Send a Demand

Section 1(a) ends with a rule that can defeat a tenant’s claim: if you never gave the landlord a mailing address or e-mail address, the landlord is not liable for damages or penalties caused by that failure. Put your forwarding address in writing on move-out day and keep a copy.

Illinois doesn’t require a demand letter before filing, but one helps prove bad faith later. Quote the 30- and 45-day deadlines from § 1(a), state the amount due, mention the double-damages remedy in § 1(c) and set a short deadline. Our deposit demand letter page has a model you can adapt.

Filing in Illinois Small Claims

The Illinois Supreme Court’s approved small claims complaint forms are for suing a person or business for $10,000 or less. If you can’t afford the filing fee, the guide explains that you can ask the court to let you file for free or at a reduced cost.

Filing fees are set county by county. As one example, the McHenry County Circuit Clerk charges:

Claims of $2,500 or less: $89
Claims of $2,500.01 to $10,000: $264
Certified-mail service through the clerk for an Illinois defendant: $27.58 per defendant

McHenry sets self-represented cases, whenever feasible, for the second or fourth Wednesday of the month, at a time that qualifies for its mediation program. Your county’s clerk publishes its own schedule, so check before you file. Remember that a double-damages claim on a large deposit can push you over $10,000; if so, you would need to file outside small claims or limit your request.

Worked Example: A McHenry County Tenant

Rosa rents an apartment in Crystal Lake and paid a $1,600 deposit. She moves out January 31, 2026, the same day her lease ends, and e-mails her landlord a forwarding address.

Under § 1(a), the landlord had until March 2 to send an itemized statement with receipts. Nothing comes. The 45-day deadline for returning the full deposit passes on March 17. Rosa’s demand letter on March 20 gets a one-line reply: “Keeping it for cleaning.” No itemization, no receipts.

Rosa files in McHenry County small claims. Because she asks for $3,200, twice the $1,600 due under § 1(c), her claim falls in the $2,500.01-to-$10,000 tier, and she pays $264 plus $27.58 for certified-mail service. If the court finds the landlord refused to supply the statement and missed the deadline, she can be awarded $3,200 plus court costs. Had she hired a lawyer, reasonable attorney’s fees would be added too.

Evidence to Bring

Your lease, including any page that sets fixed repair or cleaning charges.
Proof of the date you vacated and the date your right of possession ended.
The forwarding address or e-mail you gave, with proof it was sent.
Any itemized statement, its envelope or e-mail timestamp, and the receipts attached (or the lack of them).
Dated move-in and move-out photos and video. A move-out checklist keeps them organized.
Your demand letter and the landlord’s reply, which can show bad faith.

Collecting the Judgment

If the landlord doesn’t pay after judgment, Illinois uses the citation to discover assets. The Illinois Courts post-judgment collection page offers statewide forms, approved by the Supreme Court Commission on Access to Justice, that all Illinois courts must accept:

A citation to discover assets directed to the debtor, requiring the landlord to disclose assets.
A citation directed to the debtor’s bank, with a letter to the sheriff for service.
A citation directed to the debtor’s employer, which reaches wages.

The landlord can respond with an emergency motion to claim exemptions, so expect a short hearing if money is frozen. Illinois Legal Aid Online offers free guided versions of each form.

Frequently Asked Questions

Is the Illinois penalty twice the whole deposit or twice what was kept?

Section 1(c) says the landlord is liable for “twice the amount of the security deposit due.” The word “due” ties the figure to what should have come back to you, so if part of the deposit was properly kept for real damage, expect the court to double only the remainder.

My landlord sent estimates but never sent receipts. Does that count?

Under § 1(a), a landlord who gives estimated costs must send paid receipts or copies within 30 days after the estimate. If receipts never arrive and the § 1(b) sworn explanation isn’t given, the statutory requirements weren’t met, which supports your claim to the full deposit.

Can my landlord e-mail the itemized statement?

Yes, but only to a verified e-mail address you provided. Otherwise the statement must be delivered in person or by postmarked mail to your last known address, according to § 1(a).

I live in Chicago. Does this state law apply?

It does, and Chicago also has its own residential landlord and tenant ordinance with separate deposit rules. Our Chicago tenant rights guide explains the local layer before you decide what to claim.

Your next step: write down the date you moved out and add 30 and 45 days. If no itemized statement with receipts arrived by day 30, and the deposit wasn’t back by day 45, send your demand and pick up the small claims forms from your circuit clerk. The full statute is covered in our Illinois security deposit law guide, and the deposit lawsuit guides by state compare Illinois with its neighbors. This page offers general information, not legal advice; LSC’s get legal help tool can point you to free legal aid.

Sources

Owed money from a settlement? Check what is open at OpenClassActions.com. Caring for someone with dementia? Find practical guides at HelpDementia.com. Working out a skin routine? Evidence-based answers at AcneAdvocate.com. Forgot the name of a movie? Identify it at FindThisMovie.com. Was your data exposed? Track active breaches at DataBreachRadar.com.