Illinois · IL

Demand letters in Illinois.

In Illinois, landlords must return a deposit within 45 days (30 days to send an itemized statement when deductions are claimed), and the Small Claims Court (Circuit Court) hears claims up to $10,000. Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

Illinois demand letter facts at a glance

Deposit return deadline

45 days (30 days to send an itemized statement when deductions are claimed)

Small claims limit

$10,000

Filing fee

Check the filing court’s current fee schedule; service charges may be additional

Written-contract SOL

10 years

Personal-injury SOL

2 years

Legal/judgment interest

9% per year (post-judgment); 5% on most contract money judgments where no rate is set.

Security deposit demand letters in Illinois

If your former landlord is holding your deposit, Illinois law is on your side. A landlord must return your security deposit within 45 days (30 days to send an itemized statement when deductions are claimed), along with an itemized statement of any deductions. Bad-faith violations can expose the landlord to double the deposit amount plus attorney’s fees and court costs. Illinois also requires landlords to pay interest on deposits.

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Statutes of limitation in Illinois

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 10 years
Oral contracts 5 years
Personal injury 2 years
Property damage 5 years

Small claims court in Illinois

The relevant court is Small Claims Court (Circuit Court). Limit: $10,000. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. A dollar limit alone does not establish eligibility; check the court’s claim, venue and service requirements.

Read the limit source

Small-claims limit source checked: 2026-09-29. This date does not apply to the other laws on this page.

How Illinois compares

The same dispute is worth pursuing in one state and barely worth the paperwork in another. Here is where Illinois actually sits.

  • Small Claims Court (Circuit Court) in Illinois: $10,000. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Limits are not directly comparable across states because court, plaintiff and claim-specific rules differ.

  • Patience is required in Illinois: a landlord gets 45 days (30 days to send an itemized statement when deductions are claimed), 15 days beyond the 30-day median and 4th most generous to landlords of the 51. Writing before that window closes weakens the letter, because nothing has been breached yet. Miss it and Illinois exposes the landlord to up to 2× the amount withheld, which is the figure to quote in the letter.

  • Illinois is comparatively forgiving on timing: 10 years on a written contract, 4 years longer than the 6-year median for written contracts and 1st longest of the 51. That is breathing room, not licence — evidence and memories decay long before the 10 years do, and oral agreements run out at 5.

Worth putting a number on: withhold $1,500 wrongly in Illinois and the exposure reaches $3,000 once the 2× penalty applies, still inside what Small Claims Court (Circuit Court) can award. A landlord reading your letter is weighing that figure, not the deposit.

Good to know in Illinois

Illinois law is layered: the statewide Security Deposit Return Act gives 30 days to itemize deductions and 45 days to refund, the interest act requires interest for landlords of 25 or more units, and Chicago’s own ordinance adds stricter rules and stiff per-violation penalties. The general small claims limit is $10,000 in the Circuit Court. Because Illinois honors a long 10-year written-contract limitations period, older written agreements may still be enforceable — useful context for unpaid-debt demands, not just deposits.

Illinois demand letter FAQ

How long does a landlord have to return a security deposit in Illinois?
In Illinois, a landlord generally must return your security deposit within 45 days (30 days to send an itemized statement when deductions are claimed). Bad-faith violations can expose the landlord to double the deposit amount plus attorney’s fees and court costs. The governing statute is 765 ILCS 710 (Security Deposit Return Act) & 765 ILCS 715.
What is the small claims court limit in Illinois?
Illinois's Small Claims Court (Circuit Court): $10,000. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Check the linked source for eligibility, venue and claim-specific exceptions.
How long do I have to sue in Illinois?
Illinois's statute of limitations is 10 years for written contracts, 5 years for oral contracts, 2 years for personal injury, and 5 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in Illinois?
Illinois does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Small Claims Court (Circuit Court).

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