Legal Question in Landlord & Tenant Law in Illinois

Landlord Returning A Security Deposit

Is there a legal time limit for a landlord (or in this case a main tenant) of an apartment to return a security deposit? I did not sign a lease but did pay the security deposit when I moved in with another young lady, and she stated it would be returned after the landlord returned her deposit. She has had her deposit back for 2 months as of June 1st, but I have not received mine. What are my rights?


Asked on 5/31/07, 3:18 pm

1 Answer from Attorneys
Noelle Ansley Noelle Ansley

Re: Landlord Returning A Security Deposit

Because you live in the city of Chicago, you are protected by the Chicago Residential Landlord Tenant Ordinance. Section 5-12-080 states that landlords must return your deposit within 45 days of the end of your tenancy. Further, if your lease was for longer than 6 months, your deposit should have been held in an interest-bearing account, and you should have received the interest along with your deposit (you're supposed to get a check for the interest at the end of every lease year). If the landlord refuses to return your deposit, you can sue and get the amount of the deposit, plus twice the amount of the deposit as damages.

I suggest you send a letter to your co-tenant citing the section I gave you above and demand your deposit, with interst, back immediately. Tell her you will take the appropriate legal action should she fail to return your deposit.

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Answered on 5/31/07, 3:33 pm


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