Breaking a lease in Illinois

Illinois gives no general right to break a lease early. It does let servicemembers end a lease, gives survivors of domestic or sexual violence a defense to rent after they leave, and requires you to take reasonable steps to re-rent when a tenant leaves early (765 ILCS 705/16; 765 ILCS 750/15; 735 ILCS 5/9-213.1).

• Under the Illinois statute, a service member is an Illinois resident in a component of the U.S. Armed Forces or a state, district or territorial National Guard. A qualifying tenant who enters military service for more than 29 consecutive days after signing, or receives permanent-change-of-station or deployment orders of at least 90 days while serving, or a family member residing with that tenant, may terminate as section 16 provides (765 ILCS 705/16).
• The servicemember's termination takes effect 30 days after you receive the notice; with monthly rent, 30 days after the next rent due date. Return unearned prepaid rent and the deposit, less actual damages. Refusing to accept a valid termination is a civil rights violation (765 ILCS 705/16(d); 765 ILCS 705/16(e)).
• The Safe Homes Act provides a rent defense when a tenant leaves because the tenant or a household member faces a credible imminent threat of domestic or sexual violence at the premises. Written notice stating that reason must be given before or within three days after leaving, and the court must find the statutory facts by a preponderance of the evidence. The defense concerns rent after departure, not a general cancellation of every pre-existing obligation (765 ILCS 750/15(a)).
• The sexual-violence route covers the tenant or a household member when the incident occurs on property owned or controlled by the landlord and the tenant leaves because of it. Give written notice before or within three days after leaving, stating the reason and incident date, with medical, court or police evidence or a statement from a victim-services or rape-crisis employee. The incident must be within 60 days before notice, or notice must follow as soon as practicable when related circumstances prevent it. This defense does not excuse rent before the required notice and departure (765 ILCS 750/15(b)).
• These Safe Homes Act rights cannot be waived or changed in a lease (765 ILCS 750/30).
• A tenant may also end the lease under the flood disclosure rule, the radon rule or the utility payment rule when their conditions are met (765 ILCS 705/25(e); 420 ILCS 46/26(b); 765 ILCS 735/1).
• For the state military right, provide the orders calling the member to service for more than 29 consecutive days and any orders extending the service. Section 16 defines military service to include qualifying full-time training or duty ordered by the President, a governor or other appropriate military authority. Federal protections have separate coverage and requirements (765 ILCS 705/16).
• Do not tell a prospective landlord that the tenant or a household member exercised Safe Homes Act rights, or disclose information supplied for that purpose, except in proceedings under the Act, when required by law, or with the qualifying person's written consent. Providing evidence does not itself waive an existing third-party privilege. A disclosure violation can lead to actual damages up to $2,000 and a possible award of attorney fees and costs (765 ILCS 750/27; 765 ILCS 750/29).
• The Safe Homes Act excludes public housing assisted under the federal Housing Act of 1937, including qualifying mixed-finance units, while excepting the tenant-based Housing Choice Voucher program from that exclusion. Identify the housing program before relying on this state Act; independent federal and program protections need separate review (765 ILCS 750/35).

If a needed repair costs no more than $500 or half a month's rent, whichever is less, the tenant may send you written notice by registered or certified mail or another restricted delivery service. If you do not make the repair within 14 days, or sooner in an emergency, the tenant may have it done and deduct the cost from rent (765 ILCS 742/5).

• The notice goes to the address for you or your agent shown in the lease, or your last known address if none is listed (765 ILCS 742/5).
• An emergency is a condition that will cause irreparable harm to the unit or its fixtures if not fixed at once, or that poses an immediate threat to anyone's health or safety (765 ILCS 742/5).
• Before deducting, the tenant must give you a paid bill from a tradesman or supplier unrelated to the tenant; the deduction cannot exceed the limit or the usual price for the repair (765 ILCS 742/5).
• The tenant may not use the remedy for a condition the tenant, the tenant's family or a guest caused on purpose or through negligence (765 ILCS 742/5).
• The tenant must make sure the work is done properly and to code by a licensed and adequately insured tradesman, and is liable for damage that tradesman causes; a tenant who does not follow these rules loses the remedy (765 ILCS 742/15).
• The Act does not cover public housing, condominiums, housing cooperatives, owner-occupied buildings of 6 or fewer units, or mobile homes (765 ILCS 742/10).
• A tenant can defend an eviction or rent case with a deduction only if every requirement of the Act was met, and a home rule city may not reduce these rights (765 ILCS 742/20; 765 ILCS 742/30).
• If you fail to pay a utility you agreed to pay, the tenant may pay it and deduct the amount from rent, or end the lease (765 ILCS 735/1).

Illinois has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (765 ILCS 705).

You may end a month-to-month tenancy, or any periodic tenancy of less than a year other than week to week, with 30 days' written notice. A week-to-week tenancy needs 7 days' written notice, and a year-to-year tenancy needs 60 days' written notice before the end of the year (735 ILCS 5/9-207; 735 ILCS 5/9-205).

• For a year-to-year tenancy, you may give the 60-day notice any time in the 4 months before the last 60 days of the year (735 ILCS 5/9-205).
• Once the tenancy has ended by notice, you need no further demand before filing an eviction case (735 ILCS 5/9-208).
• A lease for a fixed term ends on its end date with no notice needed (735 ILCS 5/9-213).
• A lender or buyer who takes control of a property in foreclosure must give a tenant with a bona fide lease at least 90 days' written notice (735 ILCS 5/9-207.5).
• For a home covered by Cook County's RTLO, a landlord must give at least 60 days' written notice to end a month-to-month tenancy or decline renewal. If that notice is missing, the tenant may remain for up to 120 days after proper written notice is given, under the previous month's terms (Cook County Code § 42-109(c)(2)).

To keep any part of the deposit for damage, you must give the tenant an itemized statement of the damage and the estimated or actual cost of each repair, with paid receipts attached, within 30 days after the later of the day the tenant moved out or the day the tenant's right of possession ended. If you give no statement and receipts, you must return the whole deposit within 45 days after the tenant moved out (765 ILCS 710/1(a)).

• Deliver the statement in person, by postmarked mail to the tenant's last known address, or by email to a verified email address the tenant gave you (765 ILCS 710/1(a)).
• If the statement uses estimated costs, provide paid receipts or copies within 30 days after furnishing it. The statute specifies personal delivery or postmarked mail to the last known address or another address the tenant provided for this follow-up; its email option for the initial statement does not appear in this follow-up sentence (765 ILCS 710/1(a)).
• If you do the repair work yourself, you may include the reasonable cost of your own labor (765 ILCS 710/1(a)).
• If a written lease lists a specific cost for cleaning, repairing or replacing a component, you may withhold that amount for damage beyond normal wear and tear; the statement must reference the amount and include a copy of that part of the lease (765 ILCS 710/1(a)).
• If, through no fault of yours, you cannot produce receipts, give an itemized list of costs, any other evidence of the cost, and a verified statement explaining why you cannot produce the receipts (765 ILCS 710/1(b)).
• If the tenant gives you no mailing or email address, you are not liable for damages or penalties caused by the missing address (765 ILCS 710/1(a)).
• If a court finds you refused to give the statement, or gave it in bad faith, and did not return the deposit due on time, you owe twice the deposit due plus court costs and reasonable attorney's fees (765 ILCS 710/1(c)).
• Deadlines are counted by leaving out the first day and counting the last; if the last day is a Saturday, Sunday or holiday, the deadline moves to the next day that is not (5 ILCS 70/1.11).
• For a home covered by Cook County's RTLO, return the deposit within 30 days after move-out, subject to lawful deductions. Damage deductions require an itemized statement and paid receipts within 30 days; when estimated costs are used, provide the final receipts or qualifying employee-cost certification within 30 days after the statement. Ordinary wear is excluded; attorney's fees are not a deposit deduction (Cook County Code § 42-111(c)).
• For Chicago rentals covered by the RLTO, the ordinary refund period is 45 days; qualifying termination under section 5-12-110(g) has a seven-day rule. Damage itemization is due within 30 days, with final receipt or employee-cost certification rules. Check subsection (f)'s remedies and deficient-interest cure. Preserve transfer records and apply the distinct notices in subsection (e), rather than treating every sale as the state's 21-day foreclosure case (Chicago Code § 5-12-080(d)–(f)).
• Build a deduction file from dated move-in and move-out photographs, condition notes, the actual damage, repair evidence and the required statement. Painting or replacing an old item does not alone prove tenant-caused damage. Compare a disputed charge with those records before responding; preserve the lease, receipts, estimates, correspondence and delivery evidence (765 ILCS 710/1).