What Damage Can a Landlord Hold an Illinois Tenant Responsible For?

 Posted on May 15, 2026 in Real Estate

If you are a landlord in Illinois, one of the most frustrating parts of the job is dealing with property damage left behind by a departing tenant. Whether a tenant is arguing with you over a security deposit dispute, a major repair bill, or arguments over what counts as usual "wear and tear," you need to know what action you can and can’t legally take. Landlord-tenant laws in Illinois might seem to be unfairly prejudicial against landlords, in the eyes of landlords, and there are often heavy penalties for getting even small details wrong.

Fortunately, Illinois landlord-tenant law does draw a clear line between damage for which a tenant owes a landlord and ordinary wear and tear, so you don’t have to guess. At the Law Office of Vincent C. Machroli, P.C., our Hillside residential real estate attorney works closely with landlords to help them protect their interests, while staying in line with the law.

What Is the Difference Between Normal Wear and Tear and Tenant Damage in Illinois?

Illinois law does not allow landlords to deduct from a security deposit for normal wear and tear. That phrase gets used constantly in landlord-tenant disputes, but it is not always obvious what it means in practice.

Normal Wear and Tear

Normal wear and tear refers to the gradual, expected deterioration of a property that results from ordinary, everyday use. It is the kind of thing that happens to any property over time, regardless of how carefully a tenant lives. Examples of normal wear and tear typically include:

• Small nail holes from hanging pictures; 
• Minor scuffs on walls from furniture;
• Carpet wear in high-traffic areas;
• Fading paint caused by time or sunlight; and,
• Loose door handles or hinges that have simply worn down over time.

Repairing normal wear and tear is sometimes frustrating, and sometimes expensive, but it’s a normal part of a landlord’s job.

Tenant Damage

Tenant damage, on the other hand, results from negligence, carelessness, abuse or deliberate action beyond what any reasonable tenant would cause. When this issue reaches Illinois courts, judges look at whether the damage goes beyond what is expected given the length and nature of the tenancy. A landlord is generally entitled to charge a tenant for damage that falls into this category.

Examples of damage a landlord can typically hold a tenant responsible for include:

• Large holes in walls from forceful impacts; 
• Burns on carpet or countertops; 
• Broken windows or doors caused by misuse; 
• Large stains that cannot be removed by standard cleaning; 
• Pet damage such as scratched floors or soiled carpet; and,
• Unauthorized alterations to the property.

Knowing the difference between normal wear and tear and genuine tenant damage is extremely important, because if a landlord deducts for normal wear and tear in Illinois, they may find themself on the losing end of an expensive lawsuit.

What Does Illinois Law Say About Security Deposits and Damage?

Illinois does not have a single statewide security deposit statute that applies to all residential landlords. Instead, the City of Chicago has its own rules under the Residential Landlord and Tenant Ordinance, and Cook County has the Cook County Residential Tenant Landlord Ordinance (RTLO). Hillside is covered by the RTLO, and Oak Park adopted the RTLO with some minor modifications. Other municipalities have local ordinances as well. Outside of those areas, landlords are still bound by general contract principles and case law when it comes to damage claims.

What is consistent across Illinois is that a landlord's ability to withhold any portion of a security deposit for damage depends on meeting certain procedural requirements. Under the Residential Tenant Landlord Ordinance, for example, a landlord must provide the tenant with an itemized statement of damages within 30 days of the tenant vacating the unit. If that deadline is missed, the landlord may lose the right to withhold any portion of the deposit, regardless of how legitimate the damage claim is.

Even outside of the Chicagoland suburbs, landlords who fail to properly document damage and promptly communicate with departing tenants in writing often find their claims weakened or unenforceable in court. Following the correct procedure is just as important as the underlying damage itself.

How Should Illinois Landlords Document Property Damage?

Careful, correct documentation is the foundation of any successful damage claim. Without it, a landlord's position in a dispute becomes difficult to defend, even when the damage is significant.

The most effective practices for documenting the condition of your rental property include:

• Conducting a detailed move-in walkthrough with the tenant, and having both parties sign a written condition report; 
• Taking date-stamped photographs and video of every room at both move-in and move-out; 
• Keeping all invoices and receipts from contractors, cleaning services and supply purchases; and,
• Sending all damage-related communications to the tenant in writing.

Also, damage deductions should reflect the actual cost of repair, not full replacement, unless the item truly cannot be repaired. For example, if a carpet was already several years old when a tenant moved in and the tenant damaged it, a landlord generally cannot charge for the cost of brand new carpet.

What Happens When a Tenant Disputes Damage Charges in Illinois?

Under the Cook County RTLO, when a tenant formally disputes damage deductions, the legal burden shifts entirely to the landlord to prove the charges are justified and exceed ordinary wear and tear. Landlords must back up their claims with strict documentation, including itemized statements, photographic proof, and paid contractor receipts or certified employee labor logs.

If a landlord fails to provide this concrete proof, or improperly withholds funds, the ordinance allows the tenant to sue in Cook County Small Claims Court for a mandatory penalty of two times the security deposit plus all reasonable attorney fees.

Call a Hillside, IL Real Estate Attorney for Landlords Today

Tenant disputes over apartment damages can run a carefully-built rental operation into the ground. Contact an Oak Park residential real estate lawyer for landlords at the Law Office of Vincent C. Machroli, P.C.. With over 38 years of experience and no-charge legal consultations, the Law Office of Vincent C. Machroli, P.C. is ready to help you protect your property and your rights. Call 708-449-7404 today.