The 6-Unit Move-Out, the Carpet Cleaning, and the Late Itemization
You manage a 6-unit building in Peoria. A tenant's 12-month lease ended June 30 and she moved out that day; she emailed her forwarding address on July 3. She paid a $1,800 security deposit. Your move-out inspection records: $240 for carpet cleaning ("lease says tenant pays cleaning at move-out"), $310 for a cracked window the tenant admits breaking, $85 to repaint a bedroom wall because of nail holes, and $60 for a missing smoke detector battery. On August 12 the owner mails a $400 check with a handwritten note: "Balance withheld for cleaning and damages." No receipts, no estimates, no itemization.
1. Identify the applicable statute, compute the deadline, and assess whether the owner complied.
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Statute: the Security Deposit Return Act (765 ILCS 710) governs residential buildings with five or more units - this 6-unit building qualifies (the Chicago Residential Landlord and Tenant Ordinance would apply instead if the building were in Chicago, but it is in Peoria).
Deadline: 45 days after the tenant vacates and furnishes a forwarding address. Vacated June 30; address received July 3. The clock runs from July 3, so the 45th day is August 17. Mailing on August 12 is inside the window.
Compliance: nevertheless noncompliant, because the mailing lacked the required itemized statement of damages plus receipts (or estimates where costs are not yet final). A lump sum and a phrase like "cleaning and damages" does not satisfy the statute. Under the Act, failure to furnish the itemized statement and receipts/estimates with the refund obliges the landlord to return the entire deposit.
Action now: the deadline has not yet passed. Send a corrected package by August 17 - itemized statement, contractor receipts or written estimates, and the refund - and preserve proof of mailing. Do not wait; once the 45th day passes, only a return of the full deposit cures.
2. Assuming the items can be properly documented, which charges are legitimately assessable and what should the refund be?
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| Item | Amount | Chargeable? | Reason |
|---|---|---|---|
| Carpet cleaning | $240 | No | Routine cleaning at turnover is ordinary wear. A lease clause requiring the tenant to pay cleaning does not convert wear and tear into damage. |
| Cracked window | $310 | Yes | Tenant admits breaking it; actual damage, and the cost is reasonable. |
| Repainting for nail holes | $85 | No (likely) | Nail holes from ordinary picture hanging are typical wear and tear; repainting is a turnover cost unless the damage is extraordinary. |
| Missing smoke detector battery | $60 | Yes | Tenant-caused deficiency; the unit must be code-compliant. |
Chargeable subtotal: $370. With documentation, the refund should be $1,800 − $370 = $1,430.
Caveat: if the owner cannot produce receipts or written estimates for the window and battery, the Act requires the full $1,800 to be returned. "Estimated" numbers with no vendor support do not suffice. Advise the owner in writing of the difference between a documented $1,430 refund and an undocumented $1,800 refund, because that gap is cheap compared to the penalty.
3. What is the owner's exposure if the August 17 cure does not happen, and what should your written advice say?
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Exposure under the Act: a willful failure to comply with the itemization and refund requirement lets the tenant recover in court the amount of the deposit, court costs, and reasonable attorney's fees, plus statutory damages of twice the deposit - here 2 × $1,800 = $3,600. Total realistic exposure is roughly $5,400 plus fees, against a $370 claim. Small claims court makes this a near-certain filing if the tenant knows her rights.
Written advice to the owner:
- The statutory deadline is August 17; mailing must be completed by then, with proof.
- The package must include an itemized statement, receipts or written estimates for each claimed item, and the refund check.
- Recommended package: refund of $1,430, itemization limited to the window ($310) and battery ($60), vendor receipts attached.
- Drop the carpet cleaning and paint charges - with an explanation of why (normal wear, unsupportable under the statute).
- Retain the inspection report, dated photos, and a copy of the mailing.
Internal fix: build a move-out checklist that captures photos and vendor estimates at the walkthrough, and calendar the 45-day date at move-out, not at the end of the month.