The landlord-tenant laws of Illinois requires that for properties with 5 or more units, tenants must be paid back their security deposit within 30 to 45 days from the time the tenant moves out of the premise. This is however dependent on whether there are disputed deductions from the security deposit or if an itemized statement along with receipts has been provided by the landlord. If you live in a building with less than 4 units or an owner-owned condominium, the landlord must repay the security deposit within a "reasonable time". In accordance with the state laws, it is also required that the landlord pay the tenant interest on the security deposit that has been held for more than 6 months, provided that they are renting 25 or more units in either a single building or a complex on a contiguous property.
The security deposit in Illinois should only be used to settle unpaid rent, damages beyond the normal wear and tear, or a resident's unpaid bills and expenses resulting from breaking lease agreement. If after vacating the rental property and returning the keys, the landlord does not dispute for deductions or pay back the security deposit within the 30 to 45 day deadline, you can sue the landlord in a small claims court to get your full security deposit. However, sending a security request letter that professionally highlights the legality concerning security deposits in Illinois while also reminding the landlord of the consequences of failing to pay is usually successful in most instances. This is why you should send a request letter and only use the courts as the last resort. It is optional to write a security request letter in Illinois, your landlord is legally required to make a refund, but will usually expedite the process. With HomeTitan's well structured Security Deposit Request Letter outlining your desires and legal stance, you will usually resolve the matter in a timely fashion. Don't forget to send the letter through certified mail and be sure to save your own copy.