Oak Park Title 12 Residential Rental Licensing (Arts. 2, 4, 6) § 12-4-1
WITHHOLDING SECURITY DEPOSIT; STATEMENT OF DAMAGES; LIABILITY OF LESSOR
Operative Text
A lessor of residential real property containing four (4) or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within thirty (30) days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the 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 estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within thirty (30) days from the date the statement showing estimated cost was furnished to the lessee, as required by 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 forty five (45) days of the date that the lessee vacated the premises. 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 fees. (Ord. 1990-0-9, 3-19-1990, eff. 6-1-1990; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
Oak Park Title 12 § 12-4-1 governs how landlords of residential buildings with four or more units must handle security deposit deductions for property damage. Within 30 days of a tenant vacating, the landlord must provide an itemized damage statement with estimated or actual repair costs and supporting receipts; if estimates are used, final paid receipts must follow within another 30 days. If the required documentation is not provided, the full deposit must be returned within 45 days of move-out, and a landlord who withholds the deposit without proper documentation or acts in bad faith can be held liable by a circuit court for twice the deposit amount, plus court costs and reasonable attorney fees.
Plain English — not legal advice.
Operators of Oak Park residential properties with four or more units should maintain a documented process for complying with § 12-4-1 whenever a tenancy ends. A compliant operator generally prepares an itemized damage statement with estimated or actual costs and delivers it—by personal delivery or mail to the tenant's last known address—within 30 days of the tenant vacating, then follows up with paid receipts within 30 days if estimates were initially provided. Operators who skip or delay this documentation risk being required to return the full deposit within 45 days and, if a circuit court finds bad faith or refusal to supply the required statement, face liability for twice the deposit amount plus court costs and attorney fees under § 12-4-1.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Oak Park Title 12 § 12-4-1, tenants in buildings with four or more units have a right to receive an itemized written statement of any claimed damages, along with receipts, within 30 days of moving out before a landlord may lawfully withhold any portion of a security deposit. If that documentation is not provided on time, the landlord is required to return the full deposit within 45 days of the move-out date. Tenants who believe a landlord has failed to comply with § 12-4-1—or has acted in bad faith—may have grounds to pursue a circuit court claim for twice the withheld deposit amount plus court costs and attorney fees, and consulting a tenant-rights organization can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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