Cal. Civ. Code § 18
Security deposit; Interest
Operative Text
Security deposit; Interest. (a) If the lease requires the tenant to provide any deposit with the park owner for the term of the lease, or any part thereof, said deposit shall be considered a Security Deposit. Security Deposits shall be returned in full to the tenant, provided that the tenant has paid all rent due in full for the term of the lease and has caused no actual damage to the premises. The park owner shall furnish the tenant, within 15 days after termination or expiration of the lease, an itemized list of the damages incurred upon the premises and the estimated cost for the repair of each item. The tenant's failure to object to the itemized list within 15 days shall constitute an agreement upon the amount of damages specified therein. The park owner's failure to furnish such itemized list of damages shall constitute an agreement that no damages have been incurred upon the premises and the entire security deposit shall become immediately due and owing to the tenant. The tenant's failure to furnish the park owner a forwarding address shall excuse the park owner from furnishing the list required by this Section. (b) A park owner of any park regularly containing 25 or more mobile homes shall pay interest to the tenant, on any deposit held by the park owner, computed from the date of the deposit at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this State on minimum deposit passbook savings accounts as of December 31 of the preceding year on any such deposit held by the park owner for more than 6 months. However, in the event that any portion of the amount deposited is utilized during the period for which it is deposited in order to compensate the owner for non-payment of rent or to make a good faith reimbursement to the owner for damage caused by the tenant, the principal on which the interest accrues may be recomputed to reflect the reduction for the period commencing on the first day of the calendar month following the reduction. The park owner shall, within 30 days after the end of each 12-month period, pay to the tenant any interest owed under this Section in cash, provided, however, that the amount owed may be applied to rent due if the owner and tenant agree thereto. A park owner who willfully fails or refuses to pay the interest required by this Act shall, upon a finding by a circuit court that he willfully failed or refused to pay, be liable for an amount equal to the amount of the security deposit, together with court costs and a reasonable attorney's fee. (c) A park owner, as landlord, shall hold in trust all security deposits received from a tenant in one or more banks, savings banks, or credit unions, the accounts of which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration Share Insurance Fund, or other applicable entity under law. A security deposit and the interest due under subsection (b) of this Section is the property of the tenant until the deposit is returned to the tenant or used to compensate, or applied to the tenant's obligations to, the park owner, as landlord, in accordance with the lease or applicable State and local law. The security deposit shall not be commingled with the assets of the park owner, and shall not be subject to the claims of any creditor of the park owner or any party claiming an interest in the deposit through the park owner, including a foreclosing mortgagee or trustee in bankruptcy; provided that this subsection does not prevent a foreclosing mortgagee, receiver, or trustee from taking over control of the applicable bank account holding the security deposits, which may include moving the security deposits to another bank account meeting the requirements of this Section, provided that the mortgagee, receiver, or trustee: (1) shall continue to hold the security deposits in trust as provided in, and subject to, the provisions of this Section; and(2) is entitled to use a security deposit to compensate, and apply a security deposit to discharge the obligations of the tenant to, the park owner as permitted by the lease or applicable State and local law.
Under 765 Ill. Comp. Stat. 742 § 18, when a mobile home park lease requires a deposit, that deposit is treated as a security deposit and must be returned in full if the tenant paid all rent and caused no actual damage. After the lease ends, the park owner has 15 days to provide an itemized damage list, and the tenant then has 15 days to dispute it; silence from either side carries legal consequences. For parks with 25 or more mobile homes, the owner must also pay interest on deposits held longer than six months, and all security deposits must be held in trust in an insured bank account, separate from the owner's own assets.
Plain English — not legal advice.
Under 765 Ill. Comp. Stat. 742 § 18, compliant park operators in Illinois hold security deposits in a separate, federally insured bank or credit union account and never mix those funds with their own operating assets. Within 15 days of lease termination or expiration, operators provide tenants with an itemized written list of any damages and estimated repair costs; operators of parks with 25 or more mobile homes also track and pay out accrued interest annually within 30 days after each 12-month period. Operators who willfully withhold required interest payments risk a court finding them liable for the full deposit amount plus court costs and reasonable attorney's fees under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 765 Ill. Comp. Stat. 742 § 18 gives mobile home park tenants the right to have their security deposit returned in full when all rent has been paid and no actual damage was caused, and requires the park owner to deliver an itemized damage list within 15 days of lease end. If the owner fails to provide that list, the law treats it as an acknowledgment that no damages occurred, making the entire deposit immediately due to the tenant. Tenants who believe their deposit or interest rights have been violated may raise this provision as a defense in court proceedings, file a complaint with a local housing authority, or consult a tenant-rights organization for guidance on available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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