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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102505
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I was renting for the last 4-5 years, my lease was just up

Customer Question

I was renting for the last 4-5 years, my lease was just up 3/31/2017. What are the rules and regulations on the security deposits
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: The house was under pending sale when we moved out
JA: Has any paperwork been filed?
Customer: No nothing Illinois
JA: Anything else you want the lawyer to know before I connect you?
Customer: Northwest surburbs ---Des plaines
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

In Illinois, this is guided by 765 ILCS 705 to 715. Within 45 days of the moveout the landlord has to send the full deposit if there are no deductions. OR, if there are deductions, then a written accounting and partial refund (if any) must be sent in 30 days of the moveout.

The deposit may only be held for non payment of rent, and/or, damage to the property beyond normal wear and tear.

If the ex-tenant believes that the landlord's deduction is improper, exaggerated, or should be voided if late (later than 30/45 days), then it is up to the ex-tenant to file in small claims court to get the money back.

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