Legal Question in Landlord & Tenant Law in Illinois

Illinois law has 2 basic provisions regarding security deposits:

1. Return of Security:

(765 ILCS 710/1) (from Ch. 80, par. 101)

Sec. 1. A lessor of residential real property, containing 5 or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair any damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair such damage. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within 30 days from the date the statement showing estimated cost was furnished to the lessee, as required by this Section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises.

Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by this Section, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided, the lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees.

(Source: P.A. 86‑1302.)

2. Interest on Security Deposit:

(765 ILCS 715/0.01) (from Ch. 80, par. 120)

Sec. 0.01. Short title. This Act may be cited as the Security Deposit Interest Act.

(Source: P.A. 86‑1324.)

(765 ILCS 715/1) (from Ch. 80, par. 121)

Sec. 1. A lessor of residential real property, containing 25 or more units in either a single building or a complex of buildings located on contiguous parcels of real property, who receives a security deposit from a lessee to secure the payment of rent or compensation for damage to property shall pay interest to the lessee computed from the date of the deposit at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this State on minimum deposit passbook savings accounts as of December 31 of the calendar year immediately preceding the inception of the rental agreement on any deposit held by the lessor for more than 6 months.

(Source: P.A. 87‑386; 88‑449.)

(765 ILCS 715/2) (from Ch. 80, par. 122)

Sec. 2. The lessor shall, within 30 days after the end of each 12 month rental period, pay to the lessee any interest, by cash or credit to be applied to rent due, except when the lessee is in default under the terms of the lease.

A lessor who willfully fails or refuses to pay the interest required by this Act shall, upon a finding by a circuit court that he has willfully failed or refused to pay, be liable for an amount equal to the amount of the security deposit, together with court costs and reasonable attorneys fees.

(Source: P.A. 79‑1428.)

(765 ILCS 715/3) (from Ch. 80, par. 123)

Sec. 3. This Act does not apply to any deposit made with respect to public housing.

(Source: P.A. 80‑491.)

You appear to live in or near Morris, IL. While some communities have local landlord/tenant ordinances that supplement these laws and give tenants more rights, Morris does not seem to have such an ordinance. Check with the municipal Clerk or corporate counsel to verify one way or the other.

You need to look more closely at your lease and see if either of these laws apply to your situation. But normally if something is written into a lease, yes, it's supposed to be observed! As to late fees, unless the lease prohibits retroactive application of late fees, a lease is a contract and if the contract allows late fees, they may be imposed whenever the lease allows.

As to being "late" after you vacate, do you mean you stayed beyond the term, or owed rent after the term, or what? Check to see if there was anything in the lease or rules about a walk-thru on delivery of the keys (did you have one when you moved in -- a checklist???). Sounds like you may just have a fight with the landlord, but the above are the two basic laws.

This is not meant as a definitive answer but a general narrative to assist you in heading in the right direction. Cited law may or may not apply to a specific set of facts. We nevertheless hope this is of some help to you.