Evanston, Ill., City Code § 5 § 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT (Evanston Housing Regulations)
Operative Text
(A) A housing provider may not demand or receive security or prepaid rent or any combination thereof in an amount in excess of one and one-half (1½) months' rent; provided, however, that rent paid on the first day of the month or upon any other day mutually agreed upon by the parties, due and payable in advance for that month, shall not be construed herein as either security or prepaid rent and therefore shall not be included in the computation of the aforesaid one and one-half (1½) months' rent. The tenant shall pay the housing provider, at the time the tenant moves into the premises or at any other time mutually agreed upon by the parties, the amount of the security or prepaid rent required by the housing provider. However, if the housing provider requires a security deposit or prepaid rent in excess of one month's rent, but not exceeding one and one-half (1½) months' rent, that portion in excess of one month's rent at the election of the tenant, shall be paid either at the time the tenant pays the initial security deposit, or shall be paid in no more than six (6) equal installments no later than six (6) months after the effective date of the lease. A housing provider may not avoid the coverage of this Subsection by labeling the fee or charge as anything other than a security deposit. (B) Upon termination of the tenancy, property or money held by the housing provider as security or prepaid rent may be applied to the payment of accrued rent and the amount of damages which the housing provider has suffered by reason of the tenant's noncompliance with Section 5-3-4-1 , all as itemized by the housing provider in a written notice delivered to the tenant together with the amount due twenty-one (21) days after tenant has vacated the dwelling unit. Any security or prepaid rent not so applied shall be paid to the tenant within twenty-one (21) days after tenant has vacated the dwelling unit. In the event the rental agreement terminates pursuant to Subsection 5-3-7-4 (A)(1) of this Chapter regarding housing provider's wrongful failure to supply essential services, the obligations imposed on the housing provider pursuant to this Subsection (B) shall be performed within forty-eight (48) hours after the expiration of the seven (7) day written notice to the housing provider to restore service. (C) A housing provider shall hold all security deposits in a federally insured account in a bank, savings and loan association or other financial institution located in the state of Illinois. A security deposit shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the housing provider, and shall not be subject to the claims of any creditor of the housing provider or of the housing provider's successors in interest, including a foreclosing mortgagee or trustee in bankruptcy. (D) If the housing provider fails to comply with Subsection (B) of this Section, the tenant may recover the property and money due him/her together with damages in an amount equal to twice the amount wrongfully withheld and reasonable attorney fees. (E) This section does not preclude the housing provider or tenant from recovering other damages to which either party may be entitled under this Chapter.
Under Evanston, Ill., City Code § 5-3-5-1, a housing provider is capped at collecting no more than one and one-half months' rent as a combined security deposit and prepaid rent, with regular monthly rent paid on its due date excluded from that calculation. When a tenancy ends, the housing provider must return any unused portion of the deposit—along with an itemized written statement of any deductions—within 21 days of the tenant vacating, or within 48 hours in cases where the tenancy ended due to the housing provider's wrongful failure to supply essential services. Security deposits must be held in a federally insured Illinois financial institution, kept separate from the housing provider's own assets, and remain the tenant's property throughout the tenancy.
Plain English — not legal advice.
Operators subject to Evanston, Ill., City Code § 5-3-5-1 generally collect no more than one and one-half months' rent in combined security and prepaid rent, and they hold those funds in a dedicated, federally insured Illinois bank account that is never commingled with operating funds. Compliant housing providers deliver an itemized written accounting of any deductions—along with any remaining balance owed to the tenant—within 21 days of the tenant vacating the unit. Providers should also be aware that any fee or charge functionally serving as a security deposit is treated as one under this section, regardless of how it is labeled.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5-3-5-1 limits what a housing provider can collect upfront and requires the return of your deposit, with a written itemization of any deductions, within 21 days after you vacate—or within 48 hours if the tenancy ended because the housing provider wrongfully failed to supply essential services. If a housing provider fails to comply with the return and itemization requirements, the provision allows a tenant to pursue recovery of the withheld amount plus damages equal to twice the amount wrongfully withheld, along with reasonable attorney fees. Tenants who believe their deposit rights have been violated may consider consulting a tenant-rights organization, raising the violation as a defense in any related legal proceeding, or exploring complaint options available through local housing authorities.
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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