Can a Landlord Deduct a Cleaning Fee in Chicago?

It’s a common frustration for Chicago renters: you move out, leave your apartment broom clean, and a few weeks later, your landlord takes a chunk of your security deposit for “cleaning.” But can a landlord deduct a cleaning fee from a security deposit under Chicago law?

If your apartment is covered by the Chicago Residential Landlord and Tenant Ordinance, the answer is almost always no. This article explains when deductions are allowed, how the RLTO limits what landlords can charge, and what to do if your landlord violates the rules.

Does the Chicago RLTO Apply to Your Apartment?

The Chicago Residential Landlord and Tenant Ordinance is one of the strongest tenant protection laws in the country, but it does not cover every rental unit. Before you rely on the RLTO’s protections, it is important to make sure your apartment qualifies.

Your rental is covered by the RLTO if:

• It is located within the Chicago city limits, and
• It is not one of the following excluded property types:
• A unit in an owner-occupied building with six units or fewer
• A unit in a hotel, motel, or rooming house, unless rented monthly and occupied for 32 or more days
• Employee housing, student dorms, shelters, convents, or hospitals
• A co-op unit where the tenant is also a shareholder

If your apartment is in Chicago and does not fall under one of these exceptions, the RLTO likely applies. If the unit is exempt, click here to learn about Illinois security deposit law.

What the RLTO Says About Permissible Deductions

Under Chicago’s Residential Landlord and Tenant Ordinance, landlords are allowed to deduct only two types of charges from a tenant’s security deposit:

1. Unpaid rent that has not been validly withheld or deducted
2. The cost to repair property damage caused by the tenant or someone under their control, excluding normal wear and tear

That’s it. The law does not include cleaning fees as a valid deduction. In fact, unless the apartment was left damaged or significantly altered, a landlord cannot legally reduce your deposit to cover cleaning costs.

This means that common charges like general cleaning, carpet shampooing, or appliance wipe-downs are not allowed unless the mess rises to the level of damage. Even if your lease includes a clause about paying for cleaning at move-out, that clause may not be enforceable if it contradicts the RLTO.

What Counts as Damage vs. Normal Wear and Tear?

Chicago law allows landlords to deduct money from a security deposit for property damage, but not for normal wear and tear. Understanding the difference is key to knowing whether a cleaning fee or other charge is legal.

Ordinary wear and tear refers to the natural and expected deterioration of a rental unit and its fixtures over time, resulting from a tenant’s normal use of the premises, without misuse or abuse. This includes minor damage caused by time, usage, and environmental factors, even if the tenant didn’t cause them intentionally.

Examples of ordinary wear and tear include:

• Light scuff marks on the walls
• Small nail holes
• Worn carpet or flooring in high-traffic areas
• Dust or residue that accumulates with normal living

In contrast, damage means harm that goes beyond expected use. It usually involves neglect, carelessness, or intentional behavior. For example:

• Large holes in walls
• Deep stains on carpet
• Broken cabinet doors
• Burn marks or water damage from negligence

If a landlord wants to keep any part of your deposit, they must show that the condition of the apartment at move-out was worse than what would be expected after normal use.

Can a Lease Agreement Authorize Deductions for Cleaning Fees?

Some Chicago leases include language that says tenants must pay a cleaning fee at move-out. Others state that the landlord can deduct cleaning costs from the security deposit regardless of the unit’s condition. But under the Chicago Residential Landlord and Tenant Ordinance, these clauses are often unenforceable.

The RLTO does not allow landlords to deduct cleaning fees unless the cleaning is required to repair damage beyond ordinary wear and tear. Even if a lease says otherwise, Chicago law takes priority. The RLTO prohibits any lease term that waives or limits the tenant’s rights under the ordinance. This means a lease cannot override the RLTO’s rules about what can and cannot be deducted from a deposit.

In short, a cleaning fee buried in your lease does not give your landlord automatic permission to take part of your deposit. The law still limits deductions to unpaid rent and actual property damage.

What Landlords Must Do to Withhold Money for Damage

Even when a landlord has a valid reason to deduct from a security deposit, Chicago law requires them to follow strict procedures. If they fail to follow these steps, they may lose the right to keep any portion of the deposit.

First, within 30 days of the tenant moving out, the landlord must send a written, itemized list of any damage and the estimated or actual cost to repair or replace each item. This list must be mailed or delivered to the tenant’s last known address.

If the landlord provides estimated costs, they must follow up with either paid receipts or a sworn statement of actual repair costs within an additional 30 days. If the work was done by the landlord or their staff, they must still document the value of the work performed.

Second, the landlord must return the remaining balance of the deposit, plus any interest due, within 45 days of the tenant vacating the unit.

If the landlord fails to send an itemized list on time, fails to provide receipts, or makes deductions not allowed by law, they must return the full deposit. The tenant may also have a right to additional penalties.

Common Violations Tenants Should Watch For

Landlords in Chicago frequently make mistakes when handling security deposits, especially when trying to charge for cleaning. Here are some of the most common violations tenants encounter:

• Automatic cleaning fees: A flat fee charged regardless of the unit’s condition is not allowed under the RLTO.
• Charges for normal wear and tear: Deductions for things like dust, worn carpet, or scuffed paint are illegal if they don’t rise to the level of damage.
• Vague or missing itemized statements: Landlords must provide a specific, written list of damages and costs within 30 days. A general statement like “cleaning and repairs” is not enough.
• No receipts or proof of cost: If the landlord provides estimated costs, they must follow up with receipts or written certification within 30 days. Without documentation, the deduction is not valid.
• Late return of deposit: Landlords must return the remaining balance of the deposit (plus interest) within 45 days. Missing this deadline violates the RLTO.

Any of these violations could entitle the tenant to legal remedies, including penalties and repayment of the full deposit.

What Tenants Can Do If a Landlord Violates the Law

If your landlord withheld part of your deposit for cleaning or failed to follow the rules for returning it, Chicago law is on your side. The Residential Landlord and Tenant Ordinance allows tenants to recover:

• The full amount of their security deposit
• A penalty equal to twice the deposit amount
• Any unpaid interest
• Reasonable attorney’s fees and court costs

These penalties exist because the City of Chicago knows how often landlords misuse security deposits. Even if your landlord only kept a few hundred dollars, you may be legally entitled to several thousand once penalties and fees are included.

At Brabender Law, we focus on helping tenants recover wrongfully withheld deposits. We’ve handled hundreds of deposit disputes and understand how to hold landlords accountable under the RLTO. If you believe your deposit was taken unfairly, we can review your situation and explain your legal options.

There is no charge for an initial consultation on a deposit case, and many of our cases are handled on a contingency basis. That means you pay nothing unless we recover money for you.

To get started, contact Brabender Law today.