How to sue your landlord for your security deposit in Illinois

Court

Small Claims, part of the Circuit Court in each county

Limit

Up to $10,000.

Filing fee

Set by each county and based on the amount. Ask the circuit clerk; you can apply for a fee waiver.

Where to file

Usually the county where the landlord lives or where the rental is. In Cook County, the district for the rental or the landlord's address.

Lawyers

You can represent yourself or hire a lawyer. The deposit statute lets a winning tenant recover court costs and reasonable attorney's fees.

• Check the dates: was there an itemized statement with paid receipts within 30 days? If not, the full deposit was due within 45 days.
• Make sure the landlord had your mailing or e-mail address in writing.

Not sure of the dates? Check the rules in our Illinois security deposit law guide.

If a court finds the landlord refused to supply the itemized statement, or supplied it in bad faith, and did not return the deposit on time, the landlord is liable for twice the deposit due, plus court costs and reasonable attorney's fees (765 ILCS 710/1(c)).

For example, if a landlord kept all of a $1,800 deposit, the most a court could award under the statute is about $3,600, if it finds the landlord refused to itemize deductions or acted in bad faith. Courts decide penalties on the facts, so ask for what the statute allows and be ready to explain why it applies.

Everything you claim, penalties included, has to fit under the court's limit, or you give up the excess by filing there.

1. Prepare a small claims complaint. Illinois Legal Aid Online has a free Easy Form for suing a landlord for a security deposit.
2. File with the circuit clerk. Most filing is electronic now; the clerk's office can help self-represented filers.
3. Serve the landlord. By the sheriff, a special process server or, in some cases, certified mail through the clerk.
4. Prepare your evidence. Bring copies for the judge and the landlord.
5. Go to court. Explain the dates, the amount and whether a statement with receipts arrived in time.

Illinois Court Help can answer questions about your county's process: (833) 411-1121.

• Your lease
• Proof of the deposit
• Any itemized statement with its postmark or e-mail date
• Move-in and move-out photos
• Your demand letter and Certified Mail receipt

Put everything in date order. Judges hear many cases a day, and a clear timeline is the most persuasive thing you can bring.

Each of these has a self-help center or clerk who can explain local filing. Search the court's name plus “small claims” for its current forms and fees.

• Cook County Circuit Court (Daley Center and suburban districts)
• DuPage County Circuit Court
• Lake County Circuit Court
• Will County Circuit Court
• Kane County Circuit Court
• Winnebago County Circuit Court