Tenant damage insurance claims for Illinois landlords
The tenant is gone and the unit is a mess. Some of it comes off the deposit, some can go on your landlord policy, and some stays yours. As public adjusters we sort the damage, document it and present the claim to your carrier.
Licensed Illinois public adjusters. Open seven days a week. $0 upfront.
Normal wear
Part of owning a rental
- Small nail holes
- Paint that has visibly aged
- An appliance worn out by use
Security deposit
Damage beyond normal wear
- Large holes in the drywall
- Broken doors
- Shattered windows
- Extensive pet waste damage
Landlord policy
A covered event with a date on it
- A kitchen fire the tenant started by accident
- A tub overflow that soaks the ceiling below
- A unit wrecked on purpose, where your form pays for vandalism
The first two piles use Illinois Legal Aid Online's examples. A big job can sit in two piles at once: the deposit covers part of it and the claim covers the rest.
Three questions decide what your landlord policy does
The carrier's adjuster works through these whether anyone says them out loud or not. We answer them with your policy open and your dates in hand.
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Did it happen on a date, or build up over the lease?
On a dateA fire, an overflow or one night of smashing is an event. The claim moves on to the next question.
Over monthsExpect the carrier to call slow stains, rot and leaks wear or neglect. Our post on sudden and gradual water damage shows how that line gets argued.
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Was it an accident, or on purpose?
AccidentA tenant's accidental fire is a covered loss for the owner in most forms, and you file it like any other fire.
On purposeSome forms pay it as vandalism and malicious mischief and some exclude it, so the wording of yours matters. Theft of appliances or copper falls under separate wording.
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Was the unit vacant when it happened?
Occupied or furnishedOne widely used special form drops vandalism cover only after 60 straight days of vacancy, and FC&S editors treat a furnished, livable home as unoccupied, which is a different word.
Empty for a whileThe date of the damage counts, not the date you found it. Your own wording may differ, so pin down both dates. See claims on vacant property.
One move-out, one bill, three payers
Take a wrecked unit where the carrier accepts the vandalism, the tenant's deposit is $1,500 and the policy has a $2,500 deductible.
The carrier never pays the deductible, so the deposit can go toward that part of the repair bill. The aged paint stays with the owner, because wear comes off neither the deposit nor the claim.
Keep one repair list behind both papers. Your statement to the tenant and your estimate to the carrier will both be read, and a line charged to both is the first thing anyone questions.
| Line | Carrier | Deposit | Owner |
|---|---|---|---|
| Drywall and doors, damaged on one date | $6,800 | ||
| Cabinets and counter, same date | $3,200 | ||
| Policy deductible | -$2,500 | $1,500 | $1,000 |
| Repainting walls that had simply aged | $1,400 | ||
| Who pays the $11,400 | $7,500 | $1,500 | $2,400 |
Made-up figures to show the shape of the split. They are not from any claim, and nobody can tell you ahead of time what a carrier will pay on yours.
The deposit deadline runs while the carrier is still looking
The two files start at the same moment and they want opposite things. The deposit rules want your repair figures soon. The carrier wants to see the damage before it is repaired. Day 1 below is the day the tenant moved out.
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These dates come from Illinois Legal Aid Online and its guide to getting a deposit back. The Illinois Attorney General's landlord and tenant guide ties the state act to buildings of five or more units and asks for paid receipts with the statement. Stop leaks and board up openings right away, and keep those bills for the claim. An attorney can confirm which deposit rule covers your building.
What the carrier will ask, and the paper that answers it
What did the unit look like before this tenant?
Dated move-in photos, a signed condition checklist if you have one, and invoices for paint, floors or appliances you put in.
When did this happen?
Your last inspection date, the tenant's texts and emails, the police report, and any note from a neighbor or the property manager.
Who was living there, and on what terms?
The lease, any added occupants or pets, your notices, and the court dates if there was an eviction.
Was the unit empty, and for how long?
The date the keys came back, utility bills, and photos showing what furniture was left behind.
What does it cost to put it back?
A line-item estimate that restores the condition at move-in. Upgrades stay out of it, and so does the aged paint.
When the damage leaves the unit unfit to rent, lost rent may be claimable too. Our page on rental property claims covers that side of the file.
Can your carrier pay you and then go after the tenant?
Owners ask this as soon as a tenant's accident turns into a claim. In Illinois the answer depends heavily on the lease, and two rulings of the state Supreme Court set the frame.
Dix Mutual v. LaFramboise
A carrier paid a landlord for a fire, then sued the tenant to get the money back. The court ruled for the tenant on that lease.
Sheckler v. Auto-Owners
The court limited Dix to its facts and said tenants are not automatically co-insured on a landlord's policy, as Cozen O'Connor summarized.
Talk to your carrier and an attorney before you sign any release or side deal with the tenant over the damage, since it can touch the carrier's rights to recover. Eviction, a suit against the tenant and lease wording are questions for an attorney. We are licensed public adjusters, and our part is the insurance claim. Our post on public adjuster or attorney shows who does what.
Send us the unit's file for a free review
A first look costs nothing: we check the unit's damage against your landlord policy and say which piles it falls into. Other owners' words are on our reviews page, 4.9 from 33 Google reviews.
- Your policy with its declarations page
- Move-in and move-out photos
- The lease and the date the tenant left
- Any police report and letters from your carrier
We work with owners across Illinois, from a single rented house to a multi-family building.
Questions landlords ask about tenant damage claims
Does landlord insurance cover damage caused by a tenant?
Often, when it comes from a covered event such as an accidental fire or a sudden overflow. Damage done on purpose depends on your form's vandalism wording. Normal wear is excluded from all of them.
Can I file a claim on my tenant's renters insurance?
No. That policy belongs to the tenant, and the owner cannot file on it. You file on your own landlord policy.
Can I use the security deposit and file an insurance claim for the same damage?
Yes, on different parts of the bill. Keep one repair list so that no line is charged to both the deposit and the carrier, and tell the carrier what you collected from the tenant.
Should I repair the unit before the carrier inspects?
Only what stops further damage, such as boarding up openings or shutting off water. Photograph it first and keep the bills. Leave the permanent repairs until the carrier has seen the unit.
Do I need a police report for tenant damage?
For damage done on purpose or for anything stolen, yes. File it as soon as you find the damage, because the report anchors the date of the loss.
What does a tenant damage claim cost me?
Nothing until the carrier pays. We take the percentage written in our contract from each payment on the claim, and the deposit you keep is not part of it. A claim that brings in no insurance money carries no fee.