Can My Landlord Deduct Normal Wear and Tear from My Deposit in Illinois?
Researched by the DepositHawk Research Team · Last updated: 2026-06-11 · Verified 2026-06-11
No — landlords in Illinois generally cannot deduct for normal wear and tear from a security deposit.
Under 765 ILCS 710/1, normal wear and tear is not a permissible deduction in Illinois. Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear. If your landlord has charged you for this, you may have grounds to dispute the deduction and recover the withheld amount.
Source: 765 ILCS 710/1. Verified 2026-06-11.
What Counts as Normal Wear and Tear in Illinois?
In Illinois, normal wear and tear is generally not a deductible charge against a security deposit. Landlords here have 45 days from move-out to return it, under 765 ILCS 710/1, or they risk up to 2x the wrongfully withheld amount.
Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear.
Common examples in this category:
- Small nail holes from hanging pictures
- Minor scuffs or marks on walls from normal use
- Faded or worn carpet from regular foot traffic
- Loose door hinges from regular use
- Light scratches on hardwood floors from normal use
What Illinois Law Says Under 765 ILCS 710/1
Landlords in Illinois must return a tenant's full security deposit within 45 days of move-out, or send a written itemized statement of every deduction within that same window. Under 765 ILCS 710/1, a landlord who misses that deadline risks up to 2x the wrongfully withheld amount.
Illinois Deposit Key Facts
- Statute
- 765 ILCS 710/1
- Return Deadline
- 45 days after move-out
- Penalty for Wrongful Withholding
- Up to 2x the wrongfully withheld amount
- Itemized Statement Required
- Yes
What Your Illinois Landlord CAN Deduct
In Illinois, the statute lets landlords deduct unpaid rent and documented damage beyond normal wear when the charge is itemized. Every deduction must be itemized within 45 days under 765 ILCS 710/1 — otherwise the landlord risks up to 2x the wrongfully withheld amount.
Permissible deductions under 765 ILCS 710/1 when properly documented:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning if lease requires and unit was left dirty
- Lease-break fees if specified in lease
- Costs to replace items tenant removed or kept
What Your Illinois Landlord CANNOT Deduct
In Illinois, the law does not let a landlord deduct for normal wear and tear, such as faded paint or minor scuffs. Wrongly withholding it risks up to 2x the wrongfully withheld amount, since 765 ILCS 710/1 gives landlords here only 45 days to get the return right.
Impermissible deductions under 765 ILCS 710/1:
- Normal wear and tear (minor scuffs, small nail holes, faded paint)
- Carpet replacement after useful life (typically 7-10 years)
- Painting after 2+ year tenancy (normal wear)
- Pre-existing damage not noted at move-in
- Upgrades or improvements beyond restoring to original condition
- Costs to fix landlord deferred maintenance
How Do I Dispute a Normal Wear and Tear Deduction in Illinois?
In Illinois, a tenant can dispute a wrongful deduction with a written demand letter, then sue in small claims court for up to $10,000. Under 765 ILCS 710/1, the landlord had 45 days to act or owes up to 2x the wrongfully withheld amount.
If your landlord has deducted normal wear and tear from your deposit and you believe it is improper under 765 ILCS 710/1, here are your options:
- Send a demand letter — cite 765 ILCS 710/1 and the specific deduction you are disputing. A statute-cited demand letter puts your landlord on notice and often resolves disputes without court.
- Document everything — gather move-in and move-out photos, your lease, and any written communications with your landlord.
- File in small claims court — if your landlord ignores the demand letter, you can file in Illinois small claims court. No lawyer is required. The filing fee is approximately $64.
Illinois landlords who wrongfully withhold deposit funds face Up to 2x the wrongfully withheld amount in penalties under 765 ILCS 710/1. The deadline to return your deposit is 45 days from move-out.
Frequently Asked Questions
Can my landlord deduct normal wear and tear from my deposit in Illinois?
No — landlords in Illinois generally cannot deduct for normal wear and tear from a security deposit.
What does 765 ILCS 710/1 say about normal wear and tear deductions?
Under 765 ILCS 710/1, normal wear and tear is not a permissible deduction in Illinois. Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear. If your landlord has charged you for this, you may have grounds to dispute the deduction and recover the withheld amount.
What happens if my Illinois landlord wrongfully deducts normal wear and tear from my deposit?
Under 765 ILCS 710/1, if your landlord wrongfully withholds your deposit, you may be entitled to Up to 2x the wrongfully withheld amount in penalties. Landlords must return the deposit within 45 days of move-out. If they miss that deadline or make improper deductions, you can send a demand letter and, if ignored, file in small claims court.
Illinois Security Deposit Resources
Complete breakdown of 765 ILCS 710/1: return deadlines, penalties, all deduction rules.
Enter your move-out date to calculate exactly when your Illinois landlord must return your deposit.
Dispute an improper normal wear and tear deduction with a demand letter that cites 765 ILCS 710/1 directly.
See what your state’s law says your landlord owes you, then generate a demand letter. Check my rights & generate my letter — $19
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. Information is based on 765 ILCS 710/1 as of 2026-06-11. Laws change — verify current statutes at your state legislature's website.