In Illinois, normal wear and tear is the gradual deterioration a rental unit experiences from ordinary daily use, and a landlord cannot deduct from your security deposit to fix it. The Security Deposit Return Act allows deductions only for damage that goes beyond that baseline and only in an amount “reasonable to restore the leased premises to the same condition as at the time the lease began.”1Justia Law. Illinois Code 765 ILCS 710 – Security Deposit Return Act Faded paint, light carpet traffic patterns, and small nail holes are the landlord’s problem. Burn marks, large holes in drywall, and pet urine soaked into the padding are yours.
Since January 1, 2024, this standard applies to every residential rental in Illinois. The old threshold that limited the itemized-statement requirement to buildings with five or more units is gone, so the same rules now cover single-family houses, duplexes, and large apartment complexes alike.2Illinois General Assembly. Illinois Compiled Statutes 765 ILCS 710/1 – Statement of Damage
What Counts as Normal Wear and Tear
No Illinois statute lists every example, but the distinction turns on cause and severity. Wear and tear is what happens when someone simply lives in a space over time. Damage is what happens when a tenant does something, or fails to do something, that goes beyond ordinary use.
Conditions that typically qualify as normal wear and tear:
- Paint faded or slightly yellowed from sunlight
- Small nail holes from hanging pictures
- Minor scuff marks on baseboards
- Carpet showing worn pile in hallways and doorways
- Light traffic patterns on hardwood
- Slightly loose door handles
- Minor discoloration on bathroom fixtures
- Worn finish on cabinet hardware
- Gradual decline in appliance efficiency and cosmetic blemishes from regular use
Conditions that typically qualify as tenant-caused damage:
- Large holes in drywall
- Crayon or marker drawings on walls
- Unauthorized paint colors
- Burn marks or deep gouges in flooring
- Large permanent stains in carpet
- Shattered window panes
- Broken locks or holes punched in doors
- Broken cabinet doors, missing hardware, cracked countertops
Leases sometimes set preset dollar amounts for things like repainting or cleaning specific items. Those preset charges still have to reflect actual damage beyond normal wear. A clause that bills every tenant $200 to repaint at move-out, regardless of what the walls actually look like, will not survive scrutiny when the paint shows only ordinary aging.
Pet Damage
Pets sit in their own category. A few light fur marks on carpet are closer to wear and tear. Urine soaked into the padding, claw marks gouged into wood trim, or chewed blinds are not. The useful test is whether the condition would exist if no pet had been in the unit. If the answer is no, it’s deductible. Paying a separate pet deposit or pet fee does not shield you from additional charges when the real damage exceeds what those fees cover.
Useful Life: Why “Damage” Rarely Means Full Replacement
Even when damage is legitimately your fault, your landlord cannot charge you to replace something old with something brand new. Every item in a rental has a useful life, and the landlord is entitled only to the remaining value you destroyed.
The U.S. Department of Housing and Urban Development publishes an Estimated Useful Life Table that serves as a widely used reference. Some common items and their expected lifespans:
- Carpet: 6 years in a standard family unit, 10 years in senior housing
- Interior paint: 10 years in a standard unit, 15 years in senior housing
- Refrigerator: 12 years
- Range or oven: 15 years
- Dishwasher: 10 years3U.S. Department of Housing and Urban Development. CNA e-Tool Estimated Useful Life Table
The math is simple. Divide the item’s age by its useful life to find the share the landlord has already used, then subtract from 100% to find your share. If the carpet had a six-year useful life and was four years old when you moved out, the landlord already consumed two-thirds of its value. You owe one-third of the replacement cost. On a $900 carpet, that is $300, not $900. Landlords who bill you the full cost of replacing an aging item are overcharging, and this is one of the most common deposit disputes worth pushing back on.
Cleaning Is a Separate Question
Most Illinois leases require “broom-clean” condition at move-out. That phrase has a specific meaning: the unit should be free of your belongings, garbage, and debris. It does not mean spotless. Some dust in drawers, a cobweb in a corner, or light residue on a stovetop falls inside broom-clean territory, and a landlord who deducts for professional cleaning in that situation is overreaching.
Where cleaning charges hold up is when the condition goes beyond what routine cleaning covers: grease caked on kitchen surfaces, mold from neglected bathroom moisture, food residue attracting pests, or trash left behind. If your lease specifically requires “professional cleaning” rather than just “clean” or “broom-clean,” that is a different obligation and the landlord can enforce it. Read the cleaning clause before your last day in the unit.
What Your Landlord Must Show to Deduct Anything
A landlord who wants to keep any portion of your deposit for damage must deliver an itemized statement within 30 days of the date you moved out, or 30 days after your right to possession ended, whichever is later.1Justia Law. Illinois Code 765 ILCS 710 – Security Deposit Return Act The statement has to describe each item of damage, give the estimated or actual repair cost, and include paid receipts. If the landlord sends estimates instead of receipts, they get another 30 days to produce the paid receipts.2Illinois General Assembly. Illinois Compiled Statutes 765 ILCS 710/1 – Statement of Damage
Miss the deadline and the consequence is severe. The landlord must return your full deposit within 45 days of move-out, regardless of what the unit actually looked like.1Justia Law. Illinois Code 765 ILCS 710 – Security Deposit Return Act A landlord who violates the Act can be held liable for two times the deposit amount plus court costs and attorney’s fees.4Illinois Attorney General. Landlord and Tenant Rights and Laws Landlords who do their own repair work can bill reasonable labor, meaning roughly what a handyman or contractor would charge for the same job.
If you rent in Chicago, the Residential Landlord and Tenant Ordinance adds further requirements and its own double-damages penalty, including on technical issues like the annual interest the city requires on deposits held more than six months.5City of Chicago – American Legal Publishing. Municipal Code of Chicago 5-12-080 – Security Deposits
How to Push Back on an Improper Deduction
Read the itemized statement line by line. Three things usually come apart under inspection: the deadline (was the statement actually sent within 30 days?), the proration (was the item’s age accounted for, or did the landlord charge full replacement cost on something years old?), and the wear-and-tear line (is the “damage” really just the trace of ordinary living?).
Send a written demand letter by certified mail. State the specific problems, cite the statute, and name the amount you believe is owed. Illinois Legal Aid Online offers a template. Keep a copy.
If the landlord ignores the letter or refuses to pay, small claims court is your next step. You don’t need a lawyer, filing fees are modest, and the two-times-deposit penalty gives you real leverage. Bring your lease, move-in and move-out photos, the itemized statement (or proof none arrived), and your demand letter. Landlords who realize they missed the deadline or skipped the receipts often settle rather than face double damages in front of a judge.
Your best protection starts before any dispute exists. Timestamped photos of every room at move-in, matching photos at move-out, a signed walkthrough checklist, and copies of every maintenance request you ever submitted are what turn a he-said-she-said argument into a documented case. Tenants who treat the walkthrough as a formality are the ones who lose these fights.