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Illinoisยท Answer

What is the penalty for not returning a deposit in Illinois?

Short answer

Up to 2x the deposit amount if the landlord acts in bad faith under 765 ILCS 710. The penalty is in addition to the wrongfully withheld deposit itself. Illinois courts routinely hear deposit disputes in small-claims court, where landlords who missed the 30-day deadline without written explanation face a presumption of bad faith.

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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