House & Apartment

Generally, Illinois landlords have 30 days after a tenant moves out to determine what damages need to be repaired and 45 days to return the deposit. The exceptions are:

• Evanston, where landlords have 21 days to return the deposit and an itemized statement of any deductions,
• Oak Park, where landlords have 30 days to return the deposit and an itemized statement of any deductions unless the rental is excluded from the ordinance (which the owner must have made clear in marketing and application materials), and
• Suburban Cook County, where landlords have 30 days to return the deposit and an itemized statement of any deductions unless the rental is excluded from the ordinance (which the owner must have made clear in marketing and application materials).

The landlord must return the amount of the security deposit that was not used to cover:

• Unpaid rent, and
• Restoring the unit to its original condition.

The landlord must provide an itemized statement if the entire deposit is not returned.

If the repair costs exceed the security deposit, the landlord may continue making repairs and sue the tenant for the additional property damage. Lawsuits for up to $10,000 in property damage can be handled in small claims court.

Repair deductions from a security deposit must be for:

• Damage beyond normal wear and tear, and
• Costs that are reasonable to restore the unit to the same condition as at the start of the lease.

The landlord cannot use the security deposit to remodel or upgrade the unit.

Ordinary or normal wear and tear means damage from reasonable use of the property over time. These changes would happen no matter who was living there.

For example, wear and tear might include:

• Small nail holes from hanging pictures,
• Visibly aging wall paint,
• Linoleum cracking,
• Squeaky floorboards,
• Carpet getting compacted or frayed from regular use, and
• Appliances wearing out over time.

Property damage due to a renter’s unusual conduct or abusive behavior is not wear and tear. Some examples include:

• Significant dents or structural wall damage,
• Ripped drywall or large holes in plaster,
• Damaged door frames and trim,
• Broken doors or missing hinges,
• Shattered, cracked, or punctured windows,
• Flooring or floor coverings that need replacement for safe use,
• Extensive damage from pet waste, and
• Removed fixtures or other substantial alterations.

Yes, the landlord must support the reasons for not returning the full deposit by the deadline.

To use a security deposit to cover damages to the property, a landlord must:

• Provide the tenant with an itemized list of damages to the property,
• Include the estimated or actual cost for repairs or replacements, and
• Attach receipts for the damages.

If cleaning, repair, replacement, or other damage costs were specified in the lease, the itemized list must:

• Include the costs specified in the lease for the relevant cleaning, repairs, replacements, or damages, and
• Include a copy of the portion of the lease where the costs were listed.

Yes, a landlord can include repair costs in a written lease for:

• Cleaning,
• Repair,
• Replacement, and
• Other damages to the property.

The landlord must include the exact amount of any potential charge. The costs specified in the lease must be a reasonable amount to restore the property to its condition before the tenant’s lease began. 

No, landlord insurance policies typically do not cover normal or ordinary wear and tear. The landlord is responsible for wear and tear as part of property upkeep.

No, the law about returning security deposits is separate from whether an insurance company agrees to cover costs. Insurance is a contract between the purchaser and the insurance company. Each insurance company can decide what it is willing to pay for.

The landlord can provide the tenant with the itemized list of damages that will be deducted from the security deposit by:

• Delivering it to the tenant in person,
• Sending it by postmarked mail to the tenant’s last known address, or
• Email to the address provided by the tenant.

The landlord must include all:

• Estimated or actual costs for repairs or replacements, and
• Receipts for work that has been completed.

If the landlord cannot provide receipts through no fault of their own, they must provide:

• An itemized list of repair or replacement costs,
• Any other available evidence of those costs, and
• A verified statement explaining:
  • Why receipts are unavailable, and
  • That all available evidence has been provided.

The tenant must provide a current mailing address or email address so the landlord can send:

• The written statement, and
• The returned security deposit.

If the tenant fails to provide an email or postal address, the landlord is not liable for damages or penalties resulting from failure to send the statement or deposit.

Once the deadline to provide information and return the deposit has passed, the tenant can sue the landlord if they believe the landlord did something wrong. If the tenant can prove that the landlord did not provide the required itemized statement, gave it in bad faith, or failed to return the deposit within the time limit, they can be awarded:

• Twice the amount of the security deposit owed, and
• Court costs and reasonable attorney’s fees.

Use Get Legal Help to find free and low-cost legal resources.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.