What is considered normal wear and tear is one of the most common sources of dispute between tenants and landlords at the end of a lease. In Chicago and Cook County, this distinction is especially important because both the Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County Residential Tenant and Landlord Ordinance (CCRTLO) prohibit landlords from deducting for normal wear and tear when returning a tenant’s security deposit.
Although neither Illinois law nor local ordinances define the term, normal wear and tear generally refers to the natural and expected deterioration of a rental unit that happens over time from ordinary use. It does not include damage caused by negligence, misuse, or intentional acts.
This article explains how wear and tear is treated under Chicago and Cook County law. It also covers how landlords often try to charge for full replacements when only partial responsibility is justified. If you are preparing to move out or dispute a deduction, understanding your rights under local law is essential.
Key Takeaways
- Landlords in Chicago and Cook County cannot deduct for normal wear and tear when returning a tenant’s security deposit.
- Normal wear and tear includes expected aging like faded paint, worn flooring, or minor scuffs from daily use.
- Tenants cannot be charged to replace old items unless the damage clearly exceeds ordinary use and depreciation.
- The strongest cases often begin with early legal help. Contact a tenant attorney before trying to dispute the issue directly with your landlord.
What Counts as Normal Wear and Tear?
Normal wear and tear means the gradual and expected deterioration of a rental unit and its fixtures that happens with regular use. This includes aging or damage caused by time, use, or environmental exposure, even when the tenant has taken reasonable care of the space.
The key factor is intent and control. If the tenant did not cause the damage through abuse, neglect, or misuse, and if the issue developed naturally over time, it likely qualifies as wear and tear.
Common Examples in Chicago and Cook County
While there is no official list, the following are commonly recognized as examples of normal wear and tear:
- Faded paint or minor scuff marks on walls
- Light wear on floors or carpet from foot traffic
- Loose doorknobs, cabinet hinges, or handles
- Dirty window sills or dusty air vents
- Minor nail holes from hanging pictures
- Slight discoloration in grout or caulk from age or moisture
Tenants are not responsible for restoring the unit to brand-new condition. Landlords must account for the natural aging of materials and surfaces, especially in older buildings common throughout Chicago and Cook County.
What It Is Not: Examples of Excessive Damage
Landlords can deduct for damage that goes beyond normal wear and tear. Examples include:
- Large holes in walls or broken doors
- Large stains or burns on carpet or flooring
- Broken windows or missing blinds (but not broken slats on apartment-grade blinds)
- Mold caused by failing to ventilate the unit
- Appliance damage from misuse
These types of issues typically involve intentional or negligent conduct and are not considered part of the normal aging process and normal use of a rental unit.
Depreciation, Useful Life, and Betterment
Landlords in Chicago and Cook County are not allowed to use a tenant’s security deposit to make the unit better than it was at move-in. This principle is based on the idea that property naturally loses value over time. When a landlord tries to charge a tenant the full cost of replacing something that was already old or worn out, they may be violating local tenant protection laws.
Depreciation and Useful Life
Depreciation refers to the loss of value over time due to age and normal use. Most household items have a useful life, meaning the number of years they are expected to last under normal conditions.
For example:
- Carpet typically lasts 5 to 10 years
- Paint may need to be refreshed every 3 to 5 years
- Appliances often last about 10 years
If a tenant moves out after several years and the carpet or appliances are at or near the end of their useful life, the landlord cannot charge the full replacement cost. Only the portion of damage that exceeds normal wear should be considered.
The Concept of Betterment
Betterment happens when a landlord replaces or upgrades something and tries to shift the full cost to the tenant. This is not allowed. A landlord may only charge for the actual reduction in value caused by tenant damage, not for improvements.
For instance, if a tenant stains an already worn carpet, the landlord cannot bill them for installing brand-new luxury flooring. At most, the landlord might deduct a fraction of the cost, based on the age and condition of the original carpet.
No Official Formula, But Clear Expectations
Illinois law does not provide a specific formula for calculating depreciation or useful life in landlord-tenant disputes. However, courts and housing authorities expect landlords to apply basic principles of fairness.
A helpful comparison comes from the world of auto insurance. If someone totals a 15-year-old car in an accident, the insurance company doesn’t pay for a brand-new vehicle. They pay the fair market value of the car at the time it was damaged. The same concept applies in security deposit cases. A landlord cannot treat a worn-out carpet or dated appliance as if it were new. Only the actual loss in value caused by tenant damage – beyond normal wear – can be charged.
Landlords who ignore depreciation and attempt to pass full replacement costs onto tenants risk violating the RLTO or CCRTLO. Tenants have the right to challenge these kinds of deductions.
What the Law Says in Chicago and Cook County
Both the Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County Residential Tenant and Landlord Ordinance (CCRTLO) protect tenants from unfair security deposit deductions. While neither ordinance defines “normal wear and tear,” both explicitly prohibit landlords from deducting for it.
RLTO: Chicago’s Tenant Protection Law
Under Section 5-12-080(d)(2) of the RLTO, a landlord may deduct from a tenant’s security deposit only for unpaid rent and for damage caused to the premises by the tenant or someone under the tenant’s control. However, this section clearly excludes “reasonable wear and tear” from allowable deductions.
This means that if you leave behind a few nail holes, scuffed baseboards, or worn carpet, your landlord cannot legally deduct from your deposit to fix those issues. Any attempt to do so could be a violation of the ordinance and expose the landlord to penalties.
CCRTLO: Similar Rules for Suburban Cook County
The Cook County Residential Tenant and Landlord Ordinance includes nearly identical language. Section 42-111(c) allows landlords to deduct for damage beyond ordinary wear and tear, but they cannot charge tenants for normal deterioration over time.
This ordinance covers most residential rental units in Cook County suburbs, with limited exceptions. The protections are similar to those in the RLTO and are designed to prevent landlords from using deposits to upgrade or renovate between tenants.
No Legal Definition, But Courts Understand the Concept
Although “normal wear and tear” is not defined in Illinois statutes or local ordinances, it is a well-established legal concept. Courts in Illinois recognize that landlords must account for the natural aging and depreciation of property. In legal disputes, landlords must be able to justify any deduction by showing that actual damage occurred and that it exceeded ordinary use.
Tenants should be cautious about trying to resolve serious security deposit issues on their own. These cases often involve legal nuances, and small missteps can make it harder to recover what you are owed. If you believe your landlord is making improper deductions, the best step is to contact an experienced security deposit attorney early – before responding or negotiating. A lawyer can help you preserve your rights and build the strongest possible case. Brabender Law offers free consultations on security deposit cases.
Protecting Yourself When Your Landlord Crosses the Line on Wear and Tear
Many tenants do everything right. They clean the unit and leave the space in good condition. Even so, some landlords withhold part or all of the security deposit. Often, the justification is vague. It may include general cleaning, repainting, or repairs the landlord claims go beyond normal wear and tear.
Chicago and Cook County law make it clear that landlords cannot charge tenants for the natural deterioration of a rental unit over time. But some landlords push the limits of what counts as damage. Knowing how to respond when this happens can make the difference between losing your deposit and recovering what you are owed.
Take Photos and Save Records
If you still have time, take clear, timestamped photos or video of the unit after move-out. Focus on areas where the landlord might claim damage, such as walls, floors, appliances, and fixtures. Keep any cleaning receipts and copies of emails or texts related to the condition of the property.
These records may not be enough on their own, but they can help your attorney prove that the landlord’s claims are not supported by the facts.
Avoid Arguing With the Landlord
Tenants often try to argue their case by email or text message. This can work against them. A landlord may take something out of context or treat it as an admission. Instead of negotiating, making demands, or trying to explain yourself, it is better to speak with a tenant attorney before responding.
Security deposit disputes are governed by local ordinances that allow for penalties and attorney’s fees. These cases are often strong when handled correctly. But they are harder to win if the tenant tries to go it alone and makes mistakes early in the process.
Get Legal Help Early
If your landlord is keeping part of your deposit for what you believe is normal wear and tear, or if they are charging the full replacement cost of something that was already old, you may have a strong legal claim. The best time to act is as soon as there is an indication you full deposit will not be returned.
A deposit attorney can explain your options and help you take the right steps. In many cases, tenants who act early are entitled to the full deposit plus additional damages. Contact us today for a free deposit consultation.