Illinois Pet Deposits and Fees: How the Deposit Rules Apply

By the FigureMyTax Editorial Team · How we calculate

The Illinois deposit Act does not mention pets, but it covers a deposit held to compensate for damage. Here is how a pet deposit fits, what a lease can fix and what to ask for in writing.

Does Illinois have a pet deposit law?

Not a separate one in the sections we read. The Security Deposit Return Act covers a deposit received to secure the payment of rent or to compensate for damage to the leased premises (765 ILCS 710/1(a)), so a refundable pet deposit held for that purpose follows the same statement, receipt and refund rules in a building of five or more units. The Illinois security deposit limit calculator totals the payments.

Is there a cap on pet deposits, fees or pet rent?

The statewide Act sets no cap on a deposit or on pet payments, and the sections we read do not mention monthly pet rent. Ask the landlord to say in writing whether a pet payment is a refundable deposit, a fee or rent, because the statement and refund rules apply to a deposit.

Can the landlord keep a pet deposit for damage?

Only for damage it documents: an itemized statement within 30 days after the tenant vacated, with paid receipts, and lease-set costs only if the written lease specifies them for damage beyond normal wear and tear (710/1(a)). See Illinois security deposit deductions.

What about assistance animals?

Assistance animals raise federal and Illinois fair housing questions that this page does not analyze. If you rely on one, talk to the Illinois Department of Human Rights, a fair housing organization or a licensed Illinois attorney before you sign or pay.

Can a lease fix a pet cleaning charge?

A written lease may specify the cost for cleaning, repair or replacement of a component of the unit, if it is for damage beyond normal wear and tear and reasonable to restore the unit to its condition at the start of the lease; the statement must reference the lease amount and attach that part of the lease (710/1(a)).

A checklist before you sign

Ask for every pet charge in writing and what it is for; ask whether the lease sets pet-damage costs; keep the pet addendum and receipts; and photograph the unit and the areas the pet will use at move-in.

A quick comparison

How a pet payment is classified

Whatever it is called, money the landlord holds to secure rent or compensate for damage follows the statement and refund rules in a building of five or more units. A nonrefundable charge that the lease describes as a fee for the right to keep a pet is not held for damage, so it is outside the Act; ask the landlord to say which it is in writing, and keep the answer with the pet addendum.

Questions to ask before you sign

Is the pet payment a deposit, a fee or monthly rent? Is any part refundable? What can it be used for under the lease? Does the lease fix pet-damage costs? Is the animal an assistance animal? Get the answers in writing.

Keep the proof

Photograph the unit, the areas the pet will use and any existing damage on move-in day, and keep the dated pictures with your lease. If the landlord later claims part of a pet payment, those pictures and your written objection are your main evidence.

Frequently asked questions

Official sources

• Public Act 100-0654: current text of 765 ILCS 710/1

This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.