This section will explain what your rights are concerning your security deposit. Landlords often ask for a security deposit as a part of the agreement to rent. Knowing what your rights are can save you time, money and aggravation.

What is a security deposit?

A security deposit is a payment that the landlord may ask you to pay for future damage to the apartment caused by you, or for rent that you might owe.

How is a security deposit used?

The security deposit is used after you move out to pay for repairs that must be made for damage you caused, or for unpaid rent. If the security deposit does not cover the amount owed, your landlord may sue you for more money.

What kind of repairs can I be charged for?

Your landlord cannot charge you for normal wear and tear that has occurred in your apartment. But, the landlord can charge you for any damage caused by you or your guests. So your landlord can charge you for breaking something, but not for normal redecorating.

When you first move into the apartment you should make a list of the condition of the apartment, so you can prove that you did not cause the damages, but rather that was the way it was when you moved in.

No. You cannot “live out” your deposit unless your landlord gives you explicit permission to do so. If you do not pay your last month’s rent, your landlord may be able to sue you to get the money. If you do have your landlord’s permission, make sure you get it in writing so you can prove the agreement.

What does my landlord do with the security deposit?

Your landlord must put your security deposit in a federally insured interest bearing account, separate from his own, in a bank or other financial institution located within the State of Illinois.

Should I get a receipt for my security deposit?

Yes. Under the law the landlord or the person taking the money must give you a receipt, which must include the amount of the security deposit, the name of the person taking the money, the name of the landlord, the date the money was paid, and a description of the apartment. If the landlord refuses, you can sue for the return of the deposit.

After you move out, your landlord has 45 days to return your deposit plus any interest, minus any deductions that are made for repairs or rent owed. If a fire or casualty made the unit no longer livable and you gave proper notice to termination your rental agreement, your landlord must return the security deposit within 7 days from the date of notice of termination.

What if some of my security deposit is used?

If your landlord takes money from your security deposit for repairs, then within 30 days from the time you move the landlord must send you a written list of the damage you are being charged for, and a copy of paid bills or estimates for the repairs of damage you caused. If you do not hear from the landlord within 30 days after you move, your landlord may not deduct money from your security deposit for damages. Your landlord may automatically deduct any unpaid rent from your security deposit without notification. To protect yourself, you should give your landlord your new address as soon as possible so that the landlord knows where send your deposit.

If your landlord sends estimated costs of repair with the list of damages, within 30 days of this notice you must be sent the paid receipts or proof of the actual costs of repair. Regardless of why money is being deducted from your security deposit, the remainder of your deposit must still be returned to you within 45 days after you move out.

How do I get my security deposit and interest from my landlord?

It is a good idea to notify your landlord in writing when you move out that your security deposit is due back to you within 45 days. Include your new address so that the landlord knows where to send the balance of your security deposit. Keep a copy of this letter.

If you do not hear from your landlord within 45 days after you have moved out, send a certified letter asking for the security deposit and interest. If the landlord still does not return your security deposit you can sue for twice the amount of your deposit, plus 5% simple interest for each year the deposit was held, court costs and lawyer’s fees.

For information on how to sue without a lawyer call the Pro-Se Court at 443-5626. The Department of Consumer Services takes security deposit complaints at 744-9400.