Under 765 ILCS 710/1, here is what is legal and what is not -- and how to dispute wrongful charges in Chicago.
Check My Chicago DepositChicago has additional local tenant protections beyond Illinois state law. These may provide extra grounds to dispute this charge.
The Short Answer
State Law
Normal wear and tear is legally protected in Illinois under 765 ILCS 710/1. Wear and tear refers to the natural deterioration of a property from ordinary use over time: faded paint, minor scuffs on walls, small nail holes from hanging pictures, carpet thinning from foot traffic. Your Illinois landlord cannot charge you for any of these. Deductions must be limited to actual damage beyond what's expected.
Practical Tip
If your landlord charged you for items that reflect normal aging: touch-up paint, light carpet wear, minor scuffs, these deductions are very likely improper in Illinois. Document everything and check your eligibility for our free analysis.
Chicago Local Protection
Chicago's Chicago Residential Landlord and Tenant Ordinance (RLTO) may provide additional tenant protections beyond Illinois state law when disputing normal wear & tear charges. See full local ordinance details for Chicago.
Step-by-Step
Review your lease for any normal wear & tear clauses
Check whether your lease contains any specific provisions about normal wear & tear responsibilities. Some leases include language about repainting or professional cleaning obligations. If the lease does not explicitly assign this cost to you, or if the clause conflicts with Illinois law, it may not be enforceable.
Compare your move-in and move-out documentation
Gather your move-in checklist, any photos or videos taken at move-in, and your move-out documentation. If the normal wear & tear condition was already present when you moved in, or if there is no meaningful difference between then and now, that is strong evidence the charge is improper.
Calculate legitimate vs. illegitimate portions
Even if some portion of the charge is valid, your landlord may be overcharging. Request itemized receipts showing exactly what was done and the cost. Vague charges like "Normal Wear & Tear fee: $400" without a breakdown are often successfully disputed.
Send a written dispute letter citing 765 ILCS 710/1
Write a formal demand letter to your landlord citing 765 ILCS 710/1 and identifying the specific deduction you are disputing. State the amount you believe was improperly withheld and request its return within a reasonable timeframe. Note the 45-day deadline under Illinois law and the penalties that apply for non-compliance.
File in Illinois small claims court if needed
If your landlord ignores or rejects your dispute, Illinois small claims court handles deposit cases up to $10,000 -- no attorney required. Filing fees are typically under $100, and judges regularly rule in tenants' favor on clear-cut improper deductions. Bring your demand letter, receipts, and photos as evidence.
Common Questions
Most normal wear & tear charges are not allowed in Illinois. Under 765 ILCS 710/1, landlords cannot deduct for normal wear and tear, and normal wear & tear typically falls into that category after a standard tenancy. If your landlord is charging for routine normal wear & tear, this is likely an improper deduction you can dispute.
Under 765 ILCS 710/1, your Illinois landlord has 45 days after your move-out date to return your security deposit along with an itemized written statement of any deductions. Note: Chicago Residential Landlord and Tenant Ordinance (RLTO) may impose a stricter deadline for Chicago properties.
If your landlord improperly deducted for normal wear & tear, you may be entitled to up to 3x the amount wrongfully withheld under 765 ILCS 710/1. Start by sending a formal written demand letter citing 765 ILCS 710/1. If your landlord does not respond, you can file in Illinois small claims court (limit: $10,000) without needing an attorney.
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