Legal Question in Landlord & Tenant Law in Illinois

Security Deposit and ''Normal Wear and Tear''

I am buying a townhouse that is currently being rented out. The current tennants lease is up at the end of February, but we will own it in December. We will be given a copy of the lease and the security deposit. My problem is that the current tennants are smokers. The walls, ceilings, and surfaces are stained and disgusting. I will probably have to hire professionals to clean the walls, ceilings, and surfaces. I will also have to tear up the carpet, use special sealer before priming and painting, and repaint. I have no idea how long they have lived there. Are these thigns considered normal wear and tear? Can we take the costs for these things out of their security deposit and then bill them for the additional costs as damages? Thanks


Asked on 10/18/03, 3:34 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Security Deposit and ''Normal Wear and Tear''

Unless the lease stated that they could not smoke, then you would have a hard time arguing to a judge that this was NOT normal wear and tear. You should take the cost of cleaning the place into consideration when negotiating your purchase price.

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Answered on 10/20/03, 5:51 pm


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