House & Apartment

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The Big Picture

A security deposit is a payment from a tenant held by a landlord. This is to make sure that the tenant pays rent on time. It is to make sure the tenant keeps the apartment or house in good…

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Chance of success

There are several questions to ask yourself before starting a court case.

• Who are you filing a case against?
• Do you have enough information to support your side?
• How much time has passed since the issue happened? You may not be able to file a case if it happened a while ago because there are statutes of limitations. In Chicago, you must bring your lawsuit to recover your security deposit within 2 years of the date your landlord should have returned the security deposit to you.

Costs of a court case

It costs time and money to file a case in court. Court cases may take several months and even a year or years to finish. Court cases often include:

• Fees to file your case, if you cannot get them waived
• Lawyer fees or your own time spent figuring out the court process and doing the paperwork
• Time spent in court, which may be time you have to take off work

Get information about your landlord

You will need the name and address of your landlord to file your lawsuit. If your building manager held your security deposit, then you will also need his or her correct name and address.

If you live in Cook County, you can find your landlord's information by looking up the property on the Cook County Recorder of Deeds' website. You will need your property's PIN. If you don't know it, you can find it on the Cook County Assessor's website.

Fill out and sign the forms listed below. Make 3 additional copies of the complaint.

• Complaint: The complaint tells a person what a lawsuit is about. It also says the following:
  • All of the relevant facts that support plaintiff's claims
  • Laws that support the plaintiff's claims
  • What the plaintiff is asking for

  Note: In Chicago, if you want the case to go to arbitration (which is a panel of 3 people who decide who wins) or a jury trial instead of a bench trial (where 1 judge decides who wins), then you should include a jury demand within the summons and pay the small, extra fee. If you fail to ask for a jury trial on the summons, you may not get to ask for a jury trial later.

  Use our Security deposit complaint Easy Form program to fill out the forms you need. This will create a Small Claims Complaint.

  If you do not have money to pay court fees, you should also fill out the below application:

  • Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.
  File your complaint with the Small Claims Court

  Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.

  You’ll need to file in the county where the apartment is located, or the county where the landlord lives.

  The court where you file your case is called Small Claims Court. (If the apartment is in Chicago, and the amount in question is $3,000 or less, you can go to Pro Se Court instead. The rules are slightly different in Pro Se Court, and they have their forms, so you should go to Room 602 of the Daley Center, Counter 8, to talk to a Pro Se Court staff member.)

  You must attach two things to the complaint:

  • A copy of the demand letter sent to the landlord; and
  • A copy of the lease or a receipt for the security deposit.

  There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website.

  If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

  Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

  The clerk will set a Return Date. The Return Date is the date when the defendant (the landlord) must file an appearance with the court. In Cook County, the return date is NOT a court date and you do not need to appear. Outside of Cook County, the return date is a court date and you do need to appear.

  Tell the other party about your case

  After filing, you must send the other party or parties a summons and attach the complaint. A summons is a document that tells a person about the lawsuit and when to come to court. Here are the rules about a summons:

  • You must make sure all defendants are served with a separate summons to notify them of the lawsuit.
  • You can get the summons form from the Circuit Clerk. The summons forms must be given to the defendant, either by the sheriff or certified mail. If by certified mail, only the clerk can mail the summons. A fee to mail it may apply.
  • If the defendant (landlord) does not sign the receipt for the certified mail, then you must give the sheriff's office a chance serve the summons and complaint to the defendant. If the Sheriff is able to serve the defendant, the Sheriff will file an affidavit with the clerk of the circuit court.
  • If the sheriff's office in unable to serve the defendant, you can have a special process server appointed. A special process server can be anyone over the age of 18 who is not a party to the lawsuit. However, you must have the Court enter an Order appointing the special process server. If the special process server is able to serve the defendant, the special process server must complete an affidavit to give you to file with the clerk of the circuit court.
  Landlord files an appearance

  In Chicago, the landlord must file an appearance by the return date. When they do, the court will set a date for the first hearing in the case, and send a postcard to the tenant with that date on it. You can also check the status of the case, including court dates, online at the clerk's website. |If the case was filed in Suburban Cook County, you may need to attend court on the return date. Please check with the appropriate clerk's office to make sure you do not have to attend court on the return date.

  Before the first hearing, the landlord can file an answer, either admitting, denying, or saying that they don't have enough information to admit or deny the statements in the tenant's complaint. The landlord can also include a jury demand, defenses and counterclaims in their answer. Filing an answer is optional in cases of $10,000 or less.

  Instead of filing an answer, the landlord can file a motion to dismiss, but there needs to be a good reason. For example, the case has already been heard in a different court, or the court doesn't have personal jurisdiction over the landlord. Learn more about filing a motion to dismiss.

  Both sides must show up on the trial date set by the court

  If the landlord does not appear in court, the judge may ask that you prove damages so that the judge can enter a judgment giving you everything you requested in the complaint. However, a default judgment can be set aside within 30 days from the date it is entered.

  In almost all circumstances, the judge will vacate or set aside a default judgment if a proper motion is filed within thirty 30 days. If the default judgment is set aside, the case will then be set for trial.

  On the trial date, present all of the relevant information for your case, including:

  • The receipt showing that you paid the security deposit to the landlord
  • A copy of the lease
  • A cancelled check or money order
  • The demand letter sent to the landlord
  • The return receipt green card showing that the landlord got the letter or the certificate of service from the sheriff
  • Move-in and move-out inspection reports
  • Pictures showing the condition of the apartment
  • Rent receipts from the last year or more

  If you are in Chicago and have a bench trial, go to Courtroom 1308 of the Daley Center on your Trial Date, which is shown on the Summons.

  Arrive at court around 9:00 a.m. to sign in. There will be a list of cases on a bulletin board outside the courtroom. Find your case and write down the line number. This is the number to the left of your case name. If your case isn't on the list check with the clerk inside the courtroom. Sit in the back of the courtroom and wait for your case to be called by the clerk.

  You may have to come back to court one or more times. The judge will decide if the case is ready for a trial or if the case must be continued (rescheduled).

  If you filed a jury demand in Chicago, the case will be assigned to 1501. Once discovery is closed (if allowed depending on the amount of money requested), the case will be referred to be scheduled for arbitration. A postcard will be mailed to the parties when the case is scheduled for arbitration. At the arbitration date, bring all the same documents and witnesses with you as if it were a trial in front of a judge.

  The court will decide the outcome of the case

  In a bench trial, the judge will decide if the security deposit should be returned to the tenant or not. The court will enter a judgment on a form called an order. Both parties should not leave the courthouse without a copy of the order.

  If the matter is scheduled for arbitration, the arbitration panel will decide that day if the security deposit should be returned to the tenant or not. If you don't agree with the decision that the arbitration panel makes, you can reject it by paying a fee and ask that the case have a jury trial. Then the case will be scheduled for a jury trial and a jury will decide if the security deposit should be returned to the tenant or not.