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Illinois security deposit law: a guide for Peoria-area renters
Short answer: Under the Illinois Security Deposit Return Act, a landlord who keeps any part of your deposit for damage must send an itemized statement with paid receipts within 30 days after you move out; with no statement, the full deposit is due within 45 days[1]. Deductions are for damage beyond normal wear and tear, not for ordinary aging of the unit[5]. Give your landlord a forwarding address in writing, photograph the clean, empty unit and keep your receipts. If the rules aren't followed, a court can award twice the deposit plus costs and attorney's fees[1], and small claims court handles cases of $10,000 or less[6].
Updated 2026-10-22. The statutes were read on the Illinois General Assembly site and the guidance on Illinois Legal Aid Online on 2026-10-22. This is a plain-language summary of state law, not legal advice; your lease and any local ordinance may add rules. Disclosure: Wrenly Home is a Peoria-area cleaning service that does move-out cleans, and our own part is labelled.
The deadlines
| What | Deadline or rule |
|---|---|
| Itemized statement of damage, with repair costs and paid receipts (or copies) | Within 30 days of move-out or the end of your right of possession, whichever is later[1] |
| Receipts, if the statement gave estimated costs | Within 30 days of the date the statement was given[1] |
| Full deposit returned, if no statement and receipts were given | Within 45 days of the date you moved out[1] |
| Interest on the deposit (25+ unit buildings, deposit held over 6 months) | Within 30 days after each 12-month rental period if it's $5 or more; all of it when the tenancy ends[2] |
| Penalty for refusing the statement or giving it in bad faith and not returning what's due | Twice the deposit due, plus court costs and reasonable attorney's fees, on a court finding[1] |
The landlord can deliver the statement in person, by postmarked mail to your last known address, or by email to a verified email address you provided. If a landlord used their own labor for a repair, they may include a reasonable cost for that labor. If, through no fault of their own, they can't produce receipts, they must give an itemized list of costs, any other evidence of the cost and a verified statement explaining why[1].
Who the law covers
Section 1 of the Act, as amended by Public Act 103-224 (effective January 1, 2024), applies to "a lessor of residential real property" who received a security deposit, with no minimum number of units in the current text[1]. The interest rules are narrower: they apply only to buildings or complexes of 25 or more units, and not to public housing[2]. If the property is sold, the new owner becomes liable for your deposit, and the seller stays jointly liable[1].
Illinois Legal Aid Online lists local landlord-tenant ordinances with different deposit rules for Chicago, Evanston, Oak Park and suburban Cook County, and none for the Peoria area[3][5]. Renting is common here: 42.5% of occupied homes in the city of Peoria are rented (20,847 of 49,037)[9].
Cleaning charges and normal wear and tear
A landlord may use the deposit to clean the unit, fix damage and replace broken parts if a tenant leaves it in disrepair[3], but repair deductions must be for damage beyond normal wear and tear and reasonable to restore the unit to its condition at the start of the lease; a deposit can't pay for a remodel or upgrade[5]. If your written lease names a dollar amount for cleaning, repairing or replacing something, the landlord may withhold that amount, and the itemized statement must reference it and include a copy of that part of the lease[1].
| Usually normal wear and tear | Usually damage beyond wear and tear |
|---|---|
| Small nail holes from hanging pictures | Large holes in plaster or ripped drywall |
| Visibly aging wall paint | Significant dents or structural wall damage |
| Cracking linoleum, squeaky floorboards | Flooring that needs replacing to be safe |
| Carpet compacted or frayed by regular use | Extensive damage from pet waste |
| Appliances wearing out over time | Broken doors, missing hinges, cracked or broken windows, damaged frames and trim |
Before you hand back the keys
Steps from Illinois Legal Aid Online's move-out guide[4], in order:
- Clean. Remove everything, take out the trash, and clean the floors, counters, ledges and sills, the appliances that came with the unit (fridge, freezer, oven), the bathrooms, and any garage, basement or storage space that came with it. Check your lease for move-out cleaning instructions. Our printable move-out cleaning checklist goes room by room.
- Report problems. If cleaning reveals something broken (a dead outlet, water damage behind furniture), tell the landlord right away.
- Photograph or film it. Take dated photos or video of every wall, room and closet after cleaning, and show the appliances and plumbing working. Keep them until the deposit is settled.
- Walk through with the landlord. If that isn't possible, write a dated list of any problems, ideally with a witness who signs it too.
- Return the keys. Ask for a receipt in person, or mail them with tracking and keep the number.
- Give a forwarding address in writing, postal or email. If you don't give one, the landlord can't be held liable for damages or penalties for failing to reach you[1].
If the deposit doesn't come back
- Follow up with the landlord directly, in writing.
- Send a demand letter with a reasonable deadline and your contact details, by certified mail or another method with proof of delivery. Illinois Legal Aid Online has a free security deposit demand letter Easy Form[4].
- If that fails, a small claims case can be filed to recover $10,000 or less, with statewide forms; a lawyer isn't required, and if you can't afford the filing fee you can apply for a fee waiver[6]. Illinois Legal Aid Online's security deposit complaint Easy Form prepares the small claims papers[4].
- In Peoria County, small claims are handled by the Peoria County Circuit Clerk, 324 Main Street, Room G-22, Peoria, IL 61602, phone 309-672-6000, 8:30 a.m. to 5:00 p.m.[7] Other counties (Tazewell for Pekin, East Peoria, Morton and Washington; Woodford for Germantown Hills and Metamora) have their own circuit clerks.
A court that finds a landlord refused the itemized statement or gave it in bad faith, and didn't return what was due in time, awards twice the deposit due plus court costs and reasonable attorney's fees[1]. For unpaid interest, a willful failure means an amount equal to the deposit, plus costs and fees[2].
Free legal help in the Peoria area
Prairie State Legal Services' Peoria office, 101 SW Adams St., Suite 800, Peoria, IL 61602, (309) 674-9831 or toll free (800) 322-2280, serves Fulton, Marshall, Peoria, Stark and Tazewell counties[8]. Illinois Legal Aid Online's guides and Easy Forms are free statewide[3].
Where a move-out clean fits (Wrenly Home)
A move-out clean handles the cleaning part of a move-out inspection; it can't fix damage or normal wear and tear, and nobody can promise you a full deposit. Wrenly Home's move-out clean is done in the empty home and includes the inside of the fridge, oven, cabinets, drawers and closets. Prices from our live price list:
| Home | Move-out clean |
|---|---|
| Studio / 1 bed (1 bath incl.) | $229 |
| 2 bed (2 baths incl.) | $289 |
| 3 bed (2 baths incl.) | $369 |
| 4 bed (3 baths incl.) | $459 |
| 5 bed (3 baths incl.) | $575 |
| Each extra bathroom | +$30 |
We don't patch walls, paint, shampoo carpets or clean garages. If something on our checklist is missed, our 48-hour re-clean guarantee applies. See move-out cleaning or, for renters, apartment cleaning in Peoria.
Frequently asked questions
How long does an Illinois landlord have to return a security deposit?
Under the Security Deposit Return Act, a landlord who keeps any part of a deposit for damage must give you an itemized statement of the damage and the estimated or actual cost of each repair, with paid receipts or copies, within 30 days of the date you moved out or your right of possession ended, whichever is later. If no statement and receipts are given, the full deposit must be returned within 45 days of the date you moved out.
Does the Security Deposit Return Act apply to small landlords and single-family rentals?
The current text of Section 1 (as amended by Public Act 103-224, effective January 1, 2024) applies to "a lessor of residential real property" who received a security deposit, with no minimum number of units. Illinois Legal Aid Online says local ordinances in Chicago, Evanston, Oak Park and suburban Cook County set different rules; it lists none for the Peoria area.
Can my landlord charge me for cleaning?
Illinois Legal Aid Online says a landlord may use the deposit to clean the unit if the tenant leaves it in disrepair. If your written lease names a specific cost for cleaning, repair or replacement, the landlord may withhold that amount, but the Act says lease-specified costs must be for damage beyond normal wear and tear and reasonable to restore the unit to its condition when the lease began, and the itemized statement must reference the amount and include a copy of that part of the lease.
What counts as normal wear and tear in Illinois?
Illinois Legal Aid Online describes it as damage from reasonable use over time that would happen no matter who lived there, for example small nail holes from pictures, visibly aging paint, cracking linoleum, squeaky floorboards, carpet compacted or frayed by regular use, and appliances wearing out. Damage beyond wear and tear includes large holes in walls, broken doors or windows, flooring that must be replaced, and extensive pet-waste damage.
What happens if the landlord doesn't follow the rules?
If a circuit court finds that a landlord refused to give the itemized statement or gave it in bad faith, and didn't return the deposit due within the time limits, the landlord is liable for twice the amount of the deposit due, plus court costs and reasonable attorney's fees. A small claims case can be filed for $10,000 or less. In Peoria County, small claims are filed with the Peoria County Circuit Clerk, 324 Main Street, Room G-22, Peoria (309-672-6000).
Do I need to give my landlord a forwarding address?
Yes, in writing. The Act says that if the tenant doesn't give the landlord a mailing address or email address, the landlord can't be held liable for damages or penalties because of it. The landlord may send the statement by personal delivery, postmarked mail to your last known address, or email to a verified email address you provided.
Does my landlord have to pay interest on my deposit?
Only in a building or complex of 25 or more units, on a deposit held for more than 6 months. Interest of $5 or more is paid within 30 days after each 12-month rental period, by cash or as a credit against rent (unless you're in default), and all unpaid interest is due when the tenancy ends. Public housing is excluded.
Will a professional move-out clean get my deposit back?
No one can promise that: your landlord decides deductions under your lease and the law, and cleaning can't fix damage. What a clean can do is remove the cleaning part of the question. A Wrenly Home move-out clean is $229 for a studio or 1-bedroom up to $575 for 5 bedrooms, including the inside of the fridge, oven, cabinets and drawers, and you can take dated photos afterwards.
Sources
- Illinois Compiled Statutes, Security Deposit Return Act, 765 ILCS 710 (Illinois General Assembly). https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2202&ChapterID=62. Section 1 as amended by P.A. 103-224, eff. 1-1-24. Accessed 2026-10-22.
- Illinois Compiled Statutes, Security Deposit Interest Act, 765 ILCS 715 (Illinois General Assembly). https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2203&ChapterID=62. Accessed 2026-10-22.
- Illinois Legal Aid Online, "Security deposits" (Guide; last full review September 14, 2026). https://www.illinoislegalaid.org/legal-information/security-deposits-guide. Accessed 2026-10-22.
- Illinois Legal Aid Online, "Getting back a security deposit" (How-To; last full review September 14, 2026). https://www.illinoislegalaid.org/legal-information/getting-back-security-deposit. Accessed 2026-10-22.
- Illinois Legal Aid Online, "Using a security deposit for repairs" (FAQ; last full review September 14, 2026). https://www.illinoislegalaid.org/legal-information/using-security-deposit-repairs. Accessed 2026-10-22.
- Illinois Courts, "Getting Started: Small Claims Complaint" (approved statewide form instructions, CS-G 700.1). https://www.illinoiscourts.gov/Resources/7b053486-30f5-4d92-904b-01ed1334d59e/SMC_GettingStartedSmallClaimsComplaint.pdf. Accessed 2026-10-22.
- Peoria County Circuit Clerk, Civil Division. https://www.peoriacounty.gov/738/CIVIL-DIVISION. Accessed 2026-10-22.
- Prairie State Legal Services, Our Offices (Peoria office). https://www.pslegal.org/our-offices. Accessed 2026-10-22.
- U.S. Census Bureau, American Community Survey 2020-2024 5-year estimates, tables B25003 (tenure) and B25024 (units in structure), via Census Reporter, ACS 2024 5-year. https://censusreporter.org/. City of Peoria, place 1759000. Accessed 2026-10-22.
If anything here is out of date, email landonking0809@gmail.com and we'll correct it.