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Illinois Compiled Statutes

765 ILCS 710/1 (2026)

Statement of damage

✓ current as of May 2026
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(765 ILCS 710/1) (from Ch. 80, par. 101)
    Sec. 1. Statement of damage.
    (a) Except as provided in subsection (b), a lessor of residential real property who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased premises may not withhold any part of that deposit as reimbursement for property damage unless the lessor has, within 30 days of the date that the lessee vacated the leased premises or within 30 days of the date the lessee's right of possession ends, whichever is later, furnished to the lessee, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the leased 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 or replace any damage or damaged items caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair or replace such damage or damaged items. If estimated cost is given, the lessor shall furnish to the lessee, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee, 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 a written lease specifies the cost for cleaning, repair, or replacement of any component of the leased premises or any component of the building or common areas that, if damaged, will not be replaced, the lessor may withhold the dollar amount specified in the lease. Costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began. The itemized statement shall reference the dollar amount specified in the written lease associated with the specific building component or amenity and include a copy of the applicable portion of the lease. Deductions for costs or values not specified in the lease shall otherwise comply with the requirements of 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, delivered in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee. If the lessee fails to provide the lessor with a mailing address or electronic mail address, the lessor shall not be held liable for any damages or penalties as a result of the lessee's failure to provide an address.
    (b) If, through no fault of the lessor, the lessor is unable to produce as required in subsection (a) receipts for repairs or replacements, or copies thereof, then the lessor shall produce an itemized list of the cost of repair or replacement, any other evidence the lessor has of the cost, and a verified statement of the lessor or the agent of the lessor detailing the specific reasons why the lessor is unable to produce the required receipts or copies and verifying that the lessor has provided all other evidence the lessor has of the cost.
    (c) 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. 103-224, eff. 1-1-24.)

    
Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 1997–2026 · leading case: Landis v. Marc Realty, L.L.C., 919 N.E.2d 300 (Ill. 2009).
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Landis v. Marc Realty, L.L.C., 919 N.E.2d 300 (Ill. 2009). · cites it 2× “(West 2004)) and the Illinois Security Deposit Return Act (765 ILCS 710/1 et seq. (West 2004)), were voluntarily dismissed by plaintiffs and are not at issue in this appeal.”
Wolff v. Bethany North Suburban Grp., 2021 IL App (1st) 191858 (Ill. App. Ct. 2021). · cites it 2× “Plaintiff, as representative of a class of similarly situated persons, sought damages from Bethany for violations of the Security Deposit Interest Act (Interest Act) (765 ILCS 710/1 et seq. (West 2014)) and the Security Deposit Return Act (Deposit Return Act) (765 ILCS 715/1 et…”
Ikari v. Mason Props., 731 N.E.2d 975 (Ill. App. Ct. 2000). · cites it 6× “Mason contends that the penalty provision of the Security Deposit Return Act (Act) (765 ILCS 710/1 (West 1996)) requires a court to make a specific finding that the landlord has supplied an itemized statement of damages in bad faith to justify awarding double damages.”
Turner v. 1212 S. Michigan P'ship, 823 N.E.2d 1062 (Ill. App. Ct. 2005). · cites it 2× “(amended November 6, 1991)) in count I of their complaint; for failure to return their security deposit as required by the Illinois Security Deposit Return Act (Act) (765 ILCS 710/1 (West 2000)) in count II; for illegally commingling their security deposit with 1212’s general…”
Hoffman v. Altamore, 815 N.E.2d 984 (Ill. App. Ct. 2004). · cites it 2× “Plaintiff cross-appeals, arguing that the trial court erred in denying her request under section 1 of the Security Deposit Return Act (765 ILCS 710/1 (West 2002)) for an award equal to twice the amount of her security deposit plus costs and attorney fees.”
Allen v. Lin, 826 N.E.2d 1064 (Ill. App. Ct. 2005). · cites it 2× “The city council may have based this exception on a belief that if an owner lived in the same building as the tenant(s), there was less likelihood that the building would be in a rundown condition, evincing structural defects or the presence of vermin or other conditions which…”
Vanderplow v. Krych, 773 N.E.2d 40 (Ill. App. Ct. 2002). “Because the “proof” was never admitted, the motion was not properly characterized as a section 2 — 616(c) motion to amend the pleadings to conform to the proof at trial (735 ILCS 5/2 — 616(c) (West 1998)).”
Vill. of Glenview v. Zwick, 826 N.E.2d 1171 (Ill. App. Ct. 2005). “See, inter alia, 765 ILCS 710/1 (West 2002) (“Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by [the Security Deposit Return Act,] *** the lessor shall be liable for an amount equal to twice the amount of the security…”
Steenes v. Mac Prop. Mgmt., LLC, 2014 IL App (1st) 120719 (Ill. App. Ct. 2014). “Similarly, the Illinois Security Deposit Return Act (765 ILCS 710/1 (West 2008)), and the Illinois Security Deposit Interest Act (765 ILCS 715/1 (West 2008)), both describe a security deposit as monies deposited from a lessee to secure the payment of rent or for compensation for…”
In Re Johnson, 215 B.R. 381 (Bankr. N.D. Ill. 1997). “Certainly, the Agreed Order liquidated the Landlord’s claim against the Debt- or and awarded it a judgment for unpaid rent, reasonable attorney’s fees, and costs. The Agreed Order afforded the Landlord the requisite green light to go ahead and apply the security deposit against…”
Steenes v. MAC Prop. Mgmt., LLC, 2014 IL App (1st) 120719 (Ill. App. Ct. 2014). “Similarly, the Illinois Security Deposit Return Act (765 ILCS 710/1 (West 2008)) and the Illinois Security Deposit Interest Act (765 ILCS 715/1 (West 2008)) both describe a security deposit as monies deposited from a lessee to secure the payment of rent or for compensation for…”
Ikari v. Mason Props. (Ill. App. Ct. 2000). · cites it 6× “Mason contends that the penalty provision of the Security Deposit Return Act (Act) (765 ILCS 710/1 (West 1996)) requires a court to make a specific finding that the landlord has supplied an itemized statement of damages in bad faith to justify awarding double damages.”
Show all 22 citing cases →
— 765 ILCS 710/1(a) — 1 case
Wolff v. Bethany North Suburban Grp., 2021 IL App (1st) 191858 (Ill. App. Ct. 2021). “Plaintiff, as representative of a class of similarly situated persons, sought damages from Bethany for violations of the Security Deposit Interest Act (Interest Act) (765 ILCS 710/1 et seq. (West 2014)) and the Security Deposit Return Act (Deposit Return Act) (765 ILCS 715/1 et…”
— 765 ILCS 710/1(c) — 2 cases
Yusupov v. Jain, 2023 IL App (1st) 211564-U (Ill. App. Ct. 2023).
Cortese v. Ejsmont, 2025 IL App (1st) 241487-U (Ill. App. Ct. 2025).
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