Many tenants want to know whether a landlord can charge for carpet replacement when they move out. In Chicago and Cook County, the answer is usually no. While landlords often frame it as a cleaning cost or routine turnover expense, replacing carpet is rarely a valid reason to withhold part of a security deposit.
In most cases, it’s not really about damage. The carpet may have been heavily worn when the tenant moved in. Or the landlord may be using the deposit to cover the cost of general upgrades between tenants. Some landlords even replace the carpet after every move-out and try to shift that cost onto whoever just left.
Local law doesn’t allow that. Both the Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County Residential Tenant and Landlord Ordinance (CCRTLO) set clear limits on when and how a landlord can deduct from a security deposit. Carpet replacement is only allowed in narrow situations, and the landlord has to follow a strict legal process to make it stick.
This article explains what the law says, what counts as ordinary wear and tear, how useful life and betterment factor in, and why some tenants who don’t have move-in photos may still have a strong case.
Key Takeaways
- A landlord can only charge for carpet replacement in Chicago or Cook County if the deduction is for damage beyond ordinary wear and tear.
- Useful life and betterment matter. Old or heavily worn carpet cannot be treated as newly damaged, and landlords cannot use deposits to fund upgrades.
- Both the RLTO and CCRTLO require landlords to follow strict procedures when deducting for carpet, including deadlines for itemized lists, receipts, and returning the balance.
- Tenants who face unlawful carpet deductions may be entitled to recover double their deposit, return of the deposit itself, and attorney’s fees.
- Contact a qualified security deposit attorney as soon as possible to protect your claim.
Carpet replacement deductions are heavily regulated
Whether a landlord can charge for carpet replacement in Chicago or Cook County depends on more than just the condition of the carpet. It also depends on whether the landlord followed very specific legal procedures. Many tenants are surprised to learn that the rules governing security deposit deductions are not just about fairness or common sense. They are technical, strict, and easy for landlords to violate.
Only two legal reasons to deduct from a deposit
Under both the RLTO and the CCRTLO, landlords are only allowed to deduct from a security deposit for two things:
- Unpaid rent that the tenant was not legally allowed to withhold
- Property damage that goes beyond ordinary wear and tear
This is a narrow list. General cleaning, freshening up a unit, or replacing older carpet with new flooring are not valid reasons to keep any portion of a deposit. It doesn’t matter how dirty or worn the carpet looks if the wear is consistent with normal use.
Landlords sometimes try to rely on lease language that says they can deduct for cleaning or for general condition issues. But these local ordinances override lease terms. If the deduction doesn’t fit one of the two legal categories, it’s not allowed.
Legal process is just as important as legal reason
Even when a landlord claims the carpet was damaged beyond normal wear, they can’t just keep the deposit and move on. Both the RLTO and CCRTLO require landlords to take specific steps if they want to withhold money:
- They must send an itemized statement listing each claimed damage and the estimated or actual cost within 30 days of move-out.
- If they used estimates, they must follow up with paid receipts within 30 more days.
- Any remaining deposit must be returned within 30 days (CCRTLO) or 45 days (RLTO).
These are not suggestions. They are mandatory steps. If the landlord fails to comply with any part of this process, or makes unpermitted deductions, the tenant may be entitled to double the deposit amount as a penalty, plus return of the deposit itself, plus attorney’s fees.
For a more thorough analysis of Chicago deposit law and Cook County deposit law, click the respective link.
Betterment and the useful life of carpet
Even when a landlord claims the carpet was damaged, that does not automatically mean they can charge the full cost to replace it. Both Chicago and Cook County limit how landlords can apply deposit funds, and they prohibit landlords from using a tenant’s deposit to leave the unit in better condition than when the tenant moved in. This is where two important legal concepts come in: betterment and useful life.
Understanding betterment
Betterment occurs when a landlord uses deposit money to make improvements, not just repairs. A common example is replacing an old or low-quality carpet with brand new high-end flooring, then charging the outgoing tenant the full amount. That is not repair. That is upgrading the unit at the tenant’s expense, which is not allowed.
Even if the tenant caused real damage, the landlord can only charge for the portion of the carpet’s value that was lost. They cannot treat the deposit like a remodeling budget. Security deposits exist to cover actual loss, not to fund renovations.
Useful life matters
Useful life refers to how long a product is expected to last in a rental unit before it needs to be replaced due to age and normal use. For carpet, the useful life is generally considered to be 5 to 7 years. After that, the carpet is considered fully depreciated. This means any remaining damage has little or no value, because the carpet was at or near the end of its natural lifespan.
If the carpet was already old or heavily worn when the tenant moved in, the landlord cannot reasonably claim that the tenant caused meaningful damage by adding a few more stains or wear patterns. Even without photos, many tenants can describe the condition and note that no replacements or upgrades were made before they moved in. That context is important.
What if the tenant did damage newer carpet?
If the carpet was only a few years old and the tenant admits to causing damage, the landlord may have a valid claim – but only for the portion of the carpet’s value that was lost. For example, if a three-year-old carpet was destroyed by pet damage, the landlord might be entitled to recover the remaining depreciated value. That could be half the cost of the original installation, not the full cost of brand-new flooring.
In either case, the landlord still has to follow all the procedural requirements to lawfully deduct anything. If they skip steps or miss deadlines, the deduction may still be illegal, even if some damage occurred.
What if the carpet was already worn when I moved in?
Many tenants say the carpet was already in bad shape when they moved in. It might have been stained, torn, discolored, or simply old. In these situations, landlords often try to shift the cost of replacement onto the tenant by claiming that the tenant made it worse.
This is one of the most common disputes we see. And while it is always helpful to have move-in photos or a detailed checklist, not having documentation is not the end of the road. Tenants are not required to prove the original condition of every surface in the unit. The burden is on the landlord to comply with the law if they want to keep the deposit.
The age and condition of the carpet at move-in matter. If it was already near the end of its useful life, then even clear damage by the tenant may not justify any deduction. A carpet that was already deteriorating cannot be made “newly damaged” by normal use or minor additional wear.
In many cases, the landlord’s own actions help make the tenant’s case stronger. If the landlord failed to note the carpet condition in a move-in inspection, did not disclose any pre-existing issues, or violated the legal process for claiming deductions, those mistakes can form the basis of a strong legal claim – even if the tenant does not have photos.
The law recognizes that tenants often move into units that are far from perfect. What it does not allow is for landlords to take advantage of that fact when it comes time to return the deposit.
What to do if your landlord is making an unlawful carpet deduction
If your landlord charged you for carpet replacement when you moved out, you may not just be entitled to your deposit back. In Chicago and Cook County, violations of deposit law can mean recovering double the amount of your deposit, plus attorney’s fees. These cases are often stronger than tenants realize because landlords rarely follow the law to the letter.
Our firm has handled hundreds of security deposit disputes, including many that involve carpet deductions. We know how to evaluate whether the landlord complied with the rules and whether the deduction was legal.
Consultations are free, and you pay nothing unless we recover money for you.
Contact Brabender Law today to learn whether your landlord’s carpet deduction gives you a claim.