Small Claims Court Guide for Illinois Renters

If you're a renter in Illinois facing issues like a withheld security deposit, unpaid repairs, or lease disagreements, small claims court can help resolve these disputes without the need for expensive legal representation. This guide explains the process for renters, from filing your case to understanding your rights under Illinois law.

What Is Small Claims Court and When Should Renters Use It?

Small claims court is a division of the Illinois Circuit Court that handles disputes involving relatively small amounts of money—generally up to $10,000. Renters commonly use small claims court for issues like:

• Recovering a security deposit not returned on time
• Forcing repairs or compensation for unaddressed maintenance
• Seeking compensation for property damage
• Challenging wrongful charges at move out

Illinois Official Tribunal Handling Small Claims

The Illinois Circuit Court is responsible for small claims cases, including landlord-tenant disputes. Each county has its own circuit court location and website for local rules and filings.

Relevant Illinois Tenancy Legislation

For residential renters, the key laws are found in:

• Illinois Security Deposit Return Act
• Illinois Residential Tenants' Right to Repair Act
• Illinois Forcible Entry and Detainer Act (for evictions and possession)

Local ordinances like the Chicago Residential Landlord and Tenant Ordinance also apply in certain cities.

Key Forms for Illinois Renters Filing in Small Claims Court

• Small Claims Complaint (CCM 105)
  Download the Small Claims Complaint (CCM 105) form.
  Use this to officially start your case. Example: A renter files this when trying to recover their security deposit because the landlord hasn't returned it within 45 days of move-out.
• Summons (CCM 1)
  Download the Summons (CCM 1) form.
  Issued by the court after your complaint is filed. Example: The clerk gives you this form to notify your landlord of the lawsuit; you arrange for it to be delivered.
• Proof of Service
  Find the Proof of Service forms on the Illinois Courts website (varies by county).
  Completed by whoever delivers the Summons to the landlord, showing they were officially notified. Example: Your friend (not involved in your case) hands the Summons to the landlord and fills out this form.

Check your local county court website for additional forms or filing requirements.

How to File a Small Claims Case in Illinois

This step-by-step breakdown will help you navigate the filing process:

• Gather all relevant evidence (lease, receipts, photos, emails).
• Fill out the Small Claims Complaint form (CCM 105).
• File your complaint with the Circuit Court in the county where the rental property is located. Pay the filing fee (fee waivers are available for those who qualify).
• Obtain a Summons from the court clerk.
• Arrange for your landlord to be served the Summons and Complaint (often by sheriff or process server).
• Ensure a Proof of Service form is completed and returned to the court.
• Prepare your case and attend the scheduled hearing. Bring evidence and call witnesses if needed.

Tips for Illinois Renters in Small Claims Court

• Be organized: Keep a dedicated file of all documents.
• Take photos of issues like property damage or needed repairs.
• Stick to the facts and avoid emotional arguments in court.
• Free mediation services may be available in some counties—ask your local court clerk.

Ready to File? Your Next Steps

If you believe your landlord owes you money or failed to repair your rental, small claims court can provide an accessible path to resolution. Follow the above steps, use official forms, and know your rights under Illinois law for the best chance of success.

Frequently Asked Questions

1. How much money can I sue for as a renter in Illinois small claims court?
   Most small claims courts in Illinois allow cases up to $10,000, but check your local county rules to confirm.
2. Can I file my small claims case online?
   Many Illinois counties offer e-filing through the state’s online e-filing portal, but check with your specific Circuit Court to verify procedures.
3. What if I cannot afford the filing fee?
   You may request a fee waiver by submitting a Financial Affidavit/In Forma Pauperis application; see the form on the Illinois Courts Approved Forms page.
4. Do I need a lawyer to go to small claims court against my landlord?
   No. Small claims court is designed for self-representation, and most renters represent themselves. Some non-profit legal aid services can provide assistance if needed.
5. Can my landlord evict me for suing them in small claims court?
   No. Retaliating against a tenant for exercising legal rights, like filing in small claims court, is prohibited under Illinois law.

Conclusion: What Illinois Renters Should Know

• Small claims court is accessible and designed for non-lawyers.
• Use the correct forms, gather strong evidence, and file in the right county.
• Your rights are protected under Illinois tenant laws—stand up for them if needed.

With preparation and an understanding of the process, Illinois renters can confidently resolve disputes with landlords in small claims court.

Need Help? Resources for Renters

• Illinois Legal Aid Online – Free guidance and checklists for tenant issues
• Illinois Circuit Court Directory – Find your local court and contact information
• Illinois Department of Human Rights – Help with discrimination or retaliation claims
• Chicago Renters' Resource Page – For Chicago residents, tenant forms and hotlines

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1. Illinois Circuit Court – Small claims resources and local contact information
2. Illinois Compiled Statutes, Security Deposit Return Act (765 ILCS 710)
3. Illinois Residential Tenants' Right to Repair Act (765 ILCS 742)
4. Illinois Forcible Entry and Detainer Act (735 ILCS 5/9)
5. Illinois Supreme Court Approved Forms – Small Claims and Fee Waiver
6. Illinois Department of Human Rights – Tenant protections and retaliation information

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