Legal Question in Real Estate Law in Illinois

Re: Landlord/Tenent

Technically, no. But the problem for you is s/he may be entitled to a lot more because you breached the contract (lease). If you (or s/he) were to go to court, s/he would probably be entitled to a couple of months' rent or so as payment for damages (the hypothetical time period it would take him/her to re-rent the apartment. Also, the judge would probably allow him/her to keep the deposit as a "set-off" or a kind of "down payment" for their damages.

Bottom line: I think you should let them keep the security deposit. But in return for not taking him/her to court (you don't have to tell them you think the judge would slam you if you went), you should both sign a mutual release promising never to sue each other over it so you can rest easy. Good luck!