What Is Normal Wear and Tear vs. Tenant Damage in Illinois?

Illinois Attorney General guidance says tenants are responsible for damage beyond normal wear and tear, but it does not list what counts as which. Rules vary by municipality, so check your lease and local ordinance. This guide shows how to document a unit and what a handyman typically fixes between tenants. It is not legal advice.

What does the Illinois Attorney General say?

The Attorney General's fact sheet, Landlord and Tenant Rights and Laws (dated 01/24), states that a tenant must keep the rental unit clean and undamaged and is responsible for "any damages beyond normal wear and tear."

It also says a security deposit may be used to cover unpaid rent, repair damages to the unit, and clean the unit after the tenant moves. The fact sheet is general information. It notes that local municipalities may have their own ordinances and that it does not apply to federally subsidized housing.

The fact sheet does not give a list of examples. That is why leases, move-in inspection records and local rules matter.

What does the sheet say about deposit deductions?

On deposits, the fact sheet says the following. Confirm the details for your building, because the Security Deposit Return Act timelines depend on building size.

• The Security Deposit Return Act requires a landlord to return the deposit in full within 45 days of move-out if the building has five or more units, the tenant owes no back rent, has not damaged the unit, and cleaned before moving.
• If the landlord keeps all or part of the deposit, the landlord must give an itemized statement of the damages along with paid receipts within 30 days of the move-out date.
• The fact sheet says a landlord who violates the deposit law could be liable for two times the deposit, court costs and attorney's fees.

The practical takeaway for landlords is documentation: a dated record of condition at move-in, a dated record at move-out, and receipts for repairs.

Does Chicago work differently?

Yes, and this section applies to Chicago only. The City of Chicago's Residential Landlord and Tenant Ordinance Summary (revised December 2023) covers many rentals in the city, and it lists units that are not covered, including units in owner-occupied buildings with six or fewer units.

For covered units, the summary says that before expenses for damages can be deducted from a security deposit, the landlord must give the tenant an itemized statement of the damages within 30 days of the date the tenant vacates, with an estimated or actual cost, attaching copies of paid receipts. It also says the landlord must return the deposit, any required interest, minus unpaid rent and damage expenses, within 45 days.

Suburbs on the North Shore may have different rules. Ask your village or city hall, or your attorney.

How can you tell wear from damage?

There is no official checklist, so use judgment and compare against your own records. These questions help organize a review. They are not a legal test:

• What did the unit look like at move-in? Dated photos and a signed condition form are the best reference.
• How long was the tenancy? The same mark can mean different things after one year and after ten.
• Is it one event or gradual? A single gouge in a door and an overall dull finish are different kinds of problems.
• What does the lease say? Leases often describe tenant duties for cleaning, nails, pets and smoking.
• Is it a safety or habitability issue? The Attorney General's sheet says landlords must make necessary repairs and keep the unit fit to live in. Do not wait for a turnover to fix those.

If the answer is unclear, photograph it, measure it, and ask your attorney or the local housing office before you charge for it.

What does a handyman typically fix between tenants?

For most turnovers, the work is general repair and touch-up:

• Patching small drywall holes and nail pops, then priming and painting the patch
• Touch-up painting, or repainting a room
• Door adjustment, strike plates, latches and stuck doors
• Loose or missing hardware, cabinet doors and drawer slides
• Re-caulking at tubs, sinks and backsplashes
• Replacing cracked outlet or switch cover plates (the cover only, not the wiring)
• Smoke alarm and carbon monoxide detector battery checks and mounting, if the owner asks
• Mounting or removing shelves, curtain rods and TV mounts

Plumbing, electrical and roofing work goes to licensed independent contractors. See Handyman vs. licensed contractor in Illinois. For a longer turnover list, read our post on small repairs landlords handle between tenants.

How should a landlord keep records?

1. Take dated photos or video of each room at move-in and at move-out.

2. Keep a written condition form signed by both sides.

3. Keep estimates, work orders and paid receipts for each repair.

4. Note which items are damage and which are age-related, and why.

5. Keep copies of the lease and any local summary the law requires you to attach.

Enhaus is family owned by Natasha and Eduard Semenenko, who live locally.

FAQ

Who decides what is normal wear and tear in Illinois?

Illinois Attorney General guidance uses the phrase but does not define it. A disagreement over a deposit is a legal matter, so check your lease and local ordinance, and ask an attorney or legal aid office.

Can a landlord charge a tenant for repainting?

That depends on the lease, the condition, and local rules. Ask your attorney. A dated record of the condition at move-in and move-out is the strongest support either side can have.

Does the Chicago ordinance apply to my North Shore rental?

Not unless the property is in Chicago. The City summary applies to covered units in the City of Chicago. Other towns may have their own rules.

How long does a landlord have to send a list of deductions?

The Attorney General fact sheet says an itemized statement with paid receipts is due within 30 days of the move-out date if the landlord keeps any part of the deposit. Check your local ordinance in case it says more.

To send your list and photos, call or text (847) 877-1877.