Illinois Security Deposit Deductions
In Illinois, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Illinois record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | A lessor may withhold a deposit as reimbursement for property damage only with a timely itemized statement. If a written lease specifies the cost for cleaning, repair, or replacement of a component, that specified amount may be withheld, but costs specified in a written lease shall be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition as at the time the lease began. (765 ILCS 710/1(a)) |
| Carpet replacement | Conditional | Deductible as property damage beyond normal wear and tear, with itemized estimated or actual cost and receipts. No statutory useful-life schedule. Lease-specified replacement costs must be for damage beyond normal wear and tear. (765 ILCS 710/1(a)) |
| Painting | Conditional | No painting-specific statute. Deductible only as property damage beyond normal wear and tear, itemized, with receipts. Lease-specified amounts must be for damage beyond normal wear and tear. (765 ILCS 710/1(a)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No statute specifically addresses nail holes. Withholding is for property damage; lease-specified costs must be for damage beyond normal wear and tear. (765 ILCS 710/1(a)) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act)). (765 ILCS 710/1 (Security Deposit Return Act); related: 765 ILCS 715/1 (Security Deposit Interest Act)) |
| Unpaid rent and fees | Yes | The Security Deposit Return Act addresses withholding 'as reimbursement for property damage' and the itemization/receipts procedure for that withholding. The deposit is received 'to secure the payment of rent or to compensate for damage.' The Act does not separately itemize unpaid rent as a deduction category, but the statutory purpose includes securing rent. Chicago RLTO separately lists unpaid rent. (765 ILCS 710/1(a)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | Yes |
| Rule | Within 30 days after the lessee vacated or the right of possession ended (whichever is later), the lessor must furnish an itemized statement of alleged damage and the estimated or actual cost for repairing or replacing each item, attaching paid receipts or copies. If estimates are given, paid receipts are due within 30 days after the estimate statement. If no statement and receipts are furnished, the lessor shall return the security deposit in full within 45 days of vacating. |
| Citation | 765 ILCS 710/1(a) |
Burden of proof
No statewide statutory sentence allocating the burden of proof on the lawfulness of a deduction. Bad-faith failure to supply the itemized statement, or supplying it in bad faith, plus failure to return the amount due, makes the lessor liable for twice the security deposit due plus costs and attorney’s fees. 765 ILCS 710/1(b). Chicago RLTO places the burden on the landlord in court.
Statute says
If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the
What this means
Source accessed: .
If it was deducted anyway
Use the Illinois demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Illinois template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Illinois law (765 ILCS 710/1), a landlord must return the deposit or respond in writing within [45 days / 30 days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in Illinois?
Only the uses in the supplied Illinois record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Illinois landlord have to itemize deductions?
Yes. Within 30 days after the lessee vacated or the right of possession ended (whichever is later), the lessor must furnish an itemized statement of alleged damage and the estimated or actual cost for repairing or replacing each item, attaching paid receipts or copies. If estimates are given, paid receipts are due within 30 days after the estimate statement. If no statement and receipts are furnished, the lessor shall return the security deposit in full within 45 days of vacating.
Who has the burden of proof for a Illinois deduction?
No statewide statutory sentence allocating the burden of proof on the lawfulness of a deduction. Bad-faith failure to supply the itemized statement, or supplying it in bad faith, plus failure to return the amount due, makes the lessor liable for twice the security deposit due plus costs and attorney’s fees. 765 ILCS 710/1(b). Chicago RLTO places the burden on the landlord in court.