Landlord Won't Return Your Security Deposit? Here's What To Do
1. If the 45-day deadline has already passed
Under RLTO Section 5-12-080, your landlord had 45 days after your move-out date to return your deposit and interest, or 30 days to send an itemized statement if deductions were being made. If both deadlines have passed with nothing from your landlord, you likely have a claim for the deposit itself plus statutory damages — see our security deposit law breakdown for how those deadlines and the interest rate work.
2. The escalation path
- Send a written demand letter citing Section 5-12-080 and giving a firm deadline (a generator for this is in our security deposit law article).
- Give it a reasonable window — many landlords settle once they see a letter that cites the ordinance and the 2x penalty specifically.
- If there's no response, file in small claims court. No attorney is required, and the fee-shifting provision means you can recover your costs if you win.
- Keep every piece of documentation — your original receipt, lease, move-out photos, the demand letter, and proof it was sent.
3. Free tool: Deposit Dispute Damages Calculator & Filing Prep Sheet
No signup. Runs in your browser. Enter your deposit details to see your potential claim total, and download a filing prep sheet that organizes the facts the way a small claims complaint needs them.
4. Filing in Cook County small claims court
| Detail | What to know |
|---|---|
| Where | Circuit Court of Cook County, Pro Se Small Claims Division — commonly the Richard J. Daley Center in Chicago, or a suburban branch depending on where the property is located |
| Claim limit | $10,000 |
| Filing fee | Roughly $75–$268 depending on claim amount and location — ask the clerk about a fee waiver if cost is a barrier |
| Attorney required? | No — the Pro Se division exists specifically for self-represented filers |
| What to file | A Small Claims Complaint form naming the landlord, describing what happened, citing RLTO 5-12-080, and stating the amount claimed |
5. What to bring
- Your lease and original deposit receipt
- Move-in and move-out photos/video
- Your written demand letter and proof it was sent
- Any communication from the landlord (or lack of response)
- A clear, short written timeline of dates
6. Related articles
7. FAQ
What can I sue for?
Generally the deposit, interest owed, statutory damages of two times the deposit, plus attorney's fees and costs, once a violation is established.
Where do I file in Cook County?
The Pro Se Small Claims Division of the Circuit Court of Cook County, commonly at the Daley Center or a suburban branch.
Do I need a lawyer?
No — small claims court is built for self-represented filers, though attorneys often take strong RLTO cases on contingency.