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Breaking a lease in Illinois can be a stressful and overwhelming experience, and while no one enters an Illinois lease agreement with the intention of breaking it, life often presents unexpected challenges. Knowing your next steps is crucial to avoiding financial or legal repercussions.
If you're wondering how to break a lease in Illinois, there are multiple important factors to consider. Our in-depth guide covers everything from the state's lease laws, which situations allow you to leave your lease agreement legally, and what information you must provide to your landlord to avoid a penalty.
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Illinois Lease Laws - Tenant Rights & Responsibilities When Signing a Lease in Illinois
Before we explain how to break a lease legally in Illinois, let's first discuss the renter laws in Illinois and your responsibilities upon signing a lease agreement. Below is an in-depth examination of Illinois landlord-tenant law.
As long as you're not living in federally subsidized housing, you should refer to these lease agreement laws. Your specific municipality may have unique ordinances regulating lease agreements, so it's crucial you perform additional research for the city/county in which you plan to break a lease.
Responsibility and Rights of the Tenant
According to the Illinois Attorney General, as a renter in Illinois you're responsible for the following:
Request a written lease to prevent disputes with the landlord.
Maintain cleanliness and prevent damage in the apartment or rental unit. If a tenant damages the property/an apartment unit, the landlord can begin the eviction process.
Pay for repair costs for damage beyond normal wear and tear. While the landlord must cover normal wear and tear, the tenant is responsible for damages beyond that (large holes in the wall, broken fixtures, missing tile, broken window, etc).
Pay utility charges as assigned by the lease.
Get approval before making any changes to the property.
To protect the security deposit, provide written notice before moving out, usually 30 days unless the lease states otherwise.
Illinois tenants exercise the right to report issues to authorities without risk of eviction under the Illinois Retaliatory Eviction Act.
Set rent and determine the amount of the security deposit.
Enforce reasonable late fees for missed rent payments.
Establish fair and reasonable rules for tenants.
Both the tenant and landlord have responsibilities upon entering a lease agreement. If any of the terms discussed in the Illinois rental agreement are broken, the violating party can legally leave the lease without legal or financial retribution.
What Happens if You Break a Lease in Illinois?
The reasons below are considered valid reasons to leave a lease and will not result in legal or financial repercussions.
However, there will be consequences to breaking a rental lease in Illinois if you’re breaking your lease solely because you’ve decided you want a change of scenery, don’t have the money to make rent, or want to move to a new apartment with friends. These consequences can include losing your deposit, getting sued, harming your rental history, and decreasing your credit score, etc.
Luckily, we’ve done the deep digging for you, so you can get out of your lease scot-free. Below, we discuss breaking a lease in Illinois legally and exactly how to do so!
Can a Landlord Break a Lease in Illinois?
Unless a tenant violates the terms discussed in the lease agreement (which vary drastically), a landlord cannot break the lease or evict someone without notice. It’s crucial you examine your lease agreement thoroughly before signing to avoid a situation where your landlord has the power to evict you negligently.
How to Get Out of a Lease in Illinois - How Can I Break My Lease Without Penalty in Illinois?
If you’re wondering how to break a rental lease in Illinois, you’re in the right place. Below are the circumstances that will allow you to terminate your lease agreement without incurring any legal or financial penalties, as per state lease laws.
Active Military Duty
According to the War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. §§ 501, if you become an active military service member after signing a lease, you can break the lease legally under federal law.
You must be part of the Uniformed Services to be eligible to terminate your lease legally. You must provide proper notice (30 days) to your landlord to avoid any consequences.
Domestic or Sexual Violence
765 Ill. Comp. Stat. § 750/15 states tenants have the right to end a lease early if they experience domestic or sexual violence or face an immediate threat of such harm at the rental property. Certain requirements must be met, such as submitting proof like a police report.
Illinois Health or Safety Codes Violation
If your rental unit does not meet local and Illinois housing codes, courts may consider you “constructively evicted.” However, the conditions typically have to be quite harsh, such as mold, heat, or other essential living services not being provided.
Landlord Harassment
The Prairie State does not provide a specific amount of notice that a landlord should provide to their tenant upon entry. However, if they repeatedly violate your privacy, remove doors or windows, change locks, or make other unauthorized modifications, you can terminate your lease early.
State law does not explicitly state that the landlord can keep your security deposit if you break your lease legally, but it does say that under the Illinois Security Deposit Return Act, your landlord must return your deposit within 45 days of your moving date. However, if the building or complex consists of four units or fewer, you have unpaid rent, you damaged the unit, or you left the apartment uncleaned, you lose the right to receive your deposit.
Now that you know how to legally break a lease in Illinois, you can determine if your situation falls within the above parameters. If not, there are alternative ways to avoid paying a hefty price and maintain a clean rental history.
Mail: 555 West Monroe Street, 7th Floor, Attn: Housing Intake, Chicago, IL 60661
Minimize Early Termination Penalty
If you’re breaking a lease in Illinois and don’t meet the above criteria for doing so legally, there are still other ways you can minimize the penalty and ensure the process is as seamless and affordable as possible.
Find a replacement tenant - If you must break your Illinois residential rental agreement, finding a replacement tenant may resolve all your issues.
Sublease - Subleasing units is the common practice of a sublessor renting out their rented property to another tenant. You must check with your landlord beforehand to ensure they allow subleasing.
Communicate with your landlord - Speaking with your landlord and explaining your situation is the ideal first step when trying to break a lease in Illinois. They likely encounter similar situations frequently and may have a good solution. Often, apartments have waitlists, meaning your landlord may not mind releasing you from your lease without penalty.
On the bright side, Illinois law requires landlords to make reasonable efforts to mitigate costs. In other words, they must seek a new renter if the rental contract Illinois is broken. Once your unit is filled with another tenant, your obligation to pay rent is fulfilled.
How Much Does It Normally Cost to Break a Lease in Illinois?
Before learning how to break a lease in Illinois, consider the potential costs involved.
The cost of breaking a lease in Illinois depends significantly on the monthly rent you pay and the terms of your lease agreement. Generally speaking, you could pay anywhere between 1 and 4 months of rent to get out of your lease early without facing legal issues with your landlord.
Early Lease Termination Clause
Some lease agreements require the tenant to pay the remainder of the lease agreement or until a new tenant is found. There are provisions such as early termination clauses, which typically require only 1 to 2 months' worth of rent. Ultimately, your answer will be outlined in your lease agreement, which you can review with your landlord or a legal representative to ensure that all your questions are addressed.
More Information on Tenants’ Rights to Break a Lease in Illinois
If you still have more questions regarding breaking a lease in Illinois, explore these resources:
Illinois Legal Aid Online - Nonprofit organization providing professional legal advice and information accessible to Illinois residents who cannot afford an attorney.
Illinois Legal Aid housing assistance - Legal information, self-help tools, and referrals to legal aid organizations for landlords, homeowners, and renters in Illinois.
There can be legal and financial repercussions for breaking a lease in Illinois if it is not done so legally.
Is Breaking a Lease Due to Financial Hardship Legal in Illinois
Breaking a lease in Illinois due to financial hardship is not considered a legal reason to stop paying rent.
Can I Break My Lease if I Have Section 8?
Yes, breaking a Section 8 lease is possible, but it’s essential to be aware of the potential consequences. In most cases, the lease can end if the tenant and housing provider agree and sign a termination form. However, HUD typically requires tenants to give the landlord written notice 30 days before moving out.
Are You Breaking a Lease Before Moving in Illinois
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