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Illinoisยท Answer

Can a Illinois landlord keep the deposit for unpaid rent only?

Short answer

Yes, the security deposit can be applied to unpaid rent at end of tenancy in Illinois. The landlord must still send the itemized statement under 765 ILCS 710 within 30 days, listing the unpaid rent amount and the months it covers. If the deposit fully covers the unpaid rent, the landlord retains the deposit and the tenant owes nothing further. If the deposit is less than the unpaid rent, the landlord can keep the entire deposit and pursue the balance through small-claims court. If the deposit exceeds the unpaid rent, the landlord must return the difference to the tenant. Up to 2x the deposit amount if the landlord acts in bad faith under 765 ILCS 710.

Source: 765 ILCS 710


Honest limits

This is an informational answer based on 765 ILCS 710 as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Illinois-licensed attorney.

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