Chicago, IL asked in Landlord - Tenant for Illinois

Q: Can my landlord charge me for carpet cleaning when the carpet has been down for eight years

I haven't sign a lease since 2009...so he can't its in the lease to clean carpet when I move

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1 Lawyer Answer
William Harold Mazur
William Harold Mazur
Answered
  • Landlord Tenant Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: It depends on what is in your lease. I know you say that you haven't signed one since 2009, but if you have remained in the unit uninterrupted since then and have operated under the same terms as before, your landlord can argue that your month-to-month tenancy contained the same terms as the lease.

I'm assuming that your landlord plans to use a security deposit for the carpet cleaning. Generally speaking, landlords cannot use security deposits for "normal wear and tear" in Illinois. Some jurisdictions such as Chicago and Evanston have local ordinances that sometimes impose even stricter security deposit requirements on landlords, but for a specifically tailored answer, you should consult with a local landlord tenant attorney. If the carpet is 8 years old, there is probably a certain amount of wear that can reasonably be expected, and that is not something a landlord should use a security deposit for. However, if you caused extensive staining or damage to the carpet beyond this, then the landlord has a right to charge you for it.

I apologize for not being more specific about your particular situation, but so much depends on where your apartment is located, your lease, and much more. Contact a local landlord tenant attorney for additional help.

Best of luck.

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