I’ve covered Chicago housing long enough to know this story by heart. Tenant moves out, landlord keeps part—or all—of the security deposit, and suddenly everyone’s arguing over scuffed floors and mystery stains. The real issue isn’t emotion—it’s the legal line between damage and normal wear and tear, and in Chicago, that line actually matters.
Damage vs. Wear & Tear: The Legal Difference in Chicago
In Chicago, landlords can only deduct for actual damage, not for the everyday aging of an apartment. This isn’t a courtesy—it’s required under the Chicago Residential Landlord and Tenant Ordinance (RLTO).
What Counts as Normal Wear & Tear?
Wear and tear is what happens when someone simply lives in a place—walks, cooks, sleeps, opens doors, closes windows.
Common examples of normal wear & tear:
- Minor scuffs on walls
- Faded paint from sunlight
- Light carpet wear in high-traffic areas
- Loose cabinet handles
- Nail holes from hanging pictures
These cannot legally be deducted from your security deposit in Chicago.
What Counts as Damage?
Damage goes beyond ordinary use. It’s avoidable, excessive, or caused by negligence or misuse.
Common examples of deductible damage:
- Large holes in walls
- Broken doors or windows
- Deep carpet stains or burns
- Pet damage beyond normal wear
- Missing appliances or fixtures
If it requires repair or replacement beyond routine maintenance, it likely qualifies as damage.
Real-World Chicago Examples (With Pricing)
Let’s talk numbers—because this is where disputes usually start.
Paint and Walls
- Normal: Faded or lightly scuffed walls after a two-year lease
- Deduction allowed? No
- Damage: Large holes, unauthorized paint colors
- Typical repair cost: $50–$300 depending on severity
Flooring
- Normal: Worn carpet in a living room
- Deduction allowed? No
- Damage: Pet urine stains or burns
- Replacement cost: $3–$7 per square foot in Chicago
Appliances
- Normal: Older appliances that still function
- Deduction allowed? No
- Damage: Broken stove door, missing refrigerator shelves
- Repair/replacement: $150–$800+
Depreciation Matters More Than Landlords Admit
Here’s a detail many tenants don’t know: landlords can’t charge you for the full replacement cost of old items.
If a carpet has a useful life of 5–7 years and you damaged it in year six, the deductible amount is limited—sometimes close to zero.
Chicago courts look at age, condition, and remaining lifespan before approving deductions.
What Chicago Law Requires Landlords to Do
Under Chicago’s RLTO, landlords must:
- Provide an itemized list of deductions
- Include receipts or estimates
- Return the remaining deposit within 45 days
- Deliver the itemized statement within 30 days
Miss any of these steps? The tenant may be entitled to double the deposit plus interest.
How Tenants Can Protect Themselves
After covering dozens of these disputes, here’s what actually works:
Before You Move In
- Take timestamped photos and video
- Save the move-in condition report
Before You Move Out
- Clean thoroughly
- Patch small nail holes
- Photograph everything again
After Move-Out
- Request deductions in writing
- Compare charges against Chicago law
- Don’t assume the landlord is right
Why This Matters for Renters, Buyers, and Relocators
If you’re relocating to Chicago, security deposit rules are stricter than many cities—but only if you know your rights. Buyers and long-term renters often underestimate how much misclassified damage costs tenants every year.
Understanding this distinction can save you hundreds—or thousands—of dollars.
Summary: Damage vs Wear & Tear in Chicago
- Wear & tear is normal and not deductible
- Damage must be excessive, avoidable, and provable
- Landlords must itemize and document deductions
- Depreciation limits what can be charged
- Chicago law strongly favors informed tenants
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