765 Ill. Comp. Stat. 745 § 18

Security deposit; Interest

In Force
Verified 11/2/2026 · Next check 11/9/2026
effective 1/1/2015IllinoisRent Regulation

Operative Text

765 Ill. Comp. Stat. 745 § 18
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.
Source: Legislative text reproduced verbatim
Plain English

Under 765 Ill. Comp. Stat. 745 § 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, kept separate from the owner's own assets.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 2, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to 765 Ill. Comp. Stat. 745 § 18 generally maintain a clear, documented process for returning security deposits and delivering itemized damage statements within 15 days of lease termination or expiration. Owners of parks with 25 or more mobile homes track the applicable interest rate each December 31 and pay accrued interest to tenants within 30 days after each 12-month period, either in cash or, by mutual agreement, as a rent credit. Compliant operators also hold all security deposits in a separate, federally insured bank account that is never commingled with operating funds, ensuring the deposit remains the tenant's property until lawfully applied.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 765 Ill. Comp. Stat. 745 § 18, tenants in mobile home parks have the right to receive their full security deposit back when they have paid all rent and caused no damage, and to receive an itemized damage list within 15 days of the lease ending. If the park owner fails to provide that list on time, the law treats it as an acknowledgment that no damages occurred, making the entire deposit immediately due — a point tenants may be able to raise as a defense or basis for a complaint. Tenants in parks of 25 or more homes may also be entitled to interest on deposits held more than six months, and those who believe an owner willfully withheld required interest can explore options such as filing a civil court action or consulting a tenant-rights organization familiar with Illinois mobile home park law.

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 2, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2015
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Purpose

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