Breaking a lease in Illinois isn’t always straightforward, but the law does provide tenants with options to exit early without incurring any termination fees. This guide outlines legal rights, trade-offs to consider, and protections available to both tenants and landlords.
Legal Reasons to Break a Lease Early in Illinois
Illinois law allows landlords and tenants to end a lease agreement before it officially expires in specific situations, such as:
1. Active Duty Military
Under federal law, tenants can terminate a lease early if they are called to active military service. This protection applies to deployments and permanent change of station orders, starting on the first day of active duty and lasting up to 90 days after discharge.
It covers service members in the military, the Reserve, and the National Guard who have served more than 30 days, as well as officers in the Public Health Service and NOAA. The tenant qualifies for early termination only if the orders were issued before signing the lease.
To exercise this right, tenants must provide their landlord with written notice and a copy of their orders. Termination doesn’t take effect immediately, however, as the lease will end at least 30 days after the next rent payment date, giving both sides time to adjust.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse, Sexual Violence & Other Crimes
Illinois law lets tenants end a lease early without penalty if they or their children face domestic violence, sexual assault, or stalking. By providing written notice and proper documentation, tenants can vacate unsafe housing without any associated financial burden.
To qualify, the abuse must involve the tenant or an immediate household member and include physical harm, attempted harm, sexual assault, or a credible threat that creates fear of imminent danger.
Tenants must provide the landlord with written notice, including a termination date, at least 30 days in advance, along with supporting documentation such as a police report, court order, or a statement from a qualified professional. Tenants will continue to owe rent through the termination date, and remain responsible for damages beyond normal wear and tear.
Supporting law: Illinois Safe Homes Act, 765 ILCS 750
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Illinois, tenants can terminate a lease early if the rental property becomes unsafe or unfit to live in and the landlord fails to rectify the issue after being notified. This situation arises when serious health or safety violations exist and landlords fail to make the necessary repairs within a reasonable timeframe.
Illinois law recognizes an implied warranty of habitability, which requires landlords to maintain rentals in a habitable condition. Issues caused by a tenant’s own actions don’t qualify.
Examples of uninhabitable conditions include:
- Leaking roofs or severe water damage
- Faulty wiring or unsafe electrical systems
- No working heat in winter or no hot water
- Pest infestations such as roaches, rats, or bedbugs
- Mold growth, sewage backups, or gas leaks
- Broken locks or missing doors that compromise safety
To end a lease legally, tenants must provide written notice stating the termination is due to uncorrected habitability problems. Keeping records of repair requests, inspection reports, and photos helps tenants prove their case if the dispute ends up in court.
Supporting laws: Jack Spring, Inc. v. Little
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
In Illinois, tenants can break a lease early if a landlord’s harassment rises to the level of constructive eviction. In such cases, the landlord’s actions can make the unit so unlivable that the tenant effectively loses the right to use the property. To claim this remedy, the tenant must vacate the premises within a reasonable timeframe.
Landlord actions that may qualify as constructive eviction include:
- Entering the rental without notice or permission
- Cutting off utilities, removing doors or windows, or changing locks
- Ignoring serious repair requests that affect safety or habitability
- Harassing or discriminating against tenants based on protected categories under the federal Fair Housing Act
To end a lease on these grounds, tenants should document every incident, notify the landlord, and then vacate the property. Ultimately, a court may decide whether the landlord’s conduct was severe enough to justify early termination under constructive eviction.
Supporting law: Dyett v. Pendleton
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In Illinois, tenants may end a lease early without penalty if the agreement is legally void or voidable. A lease becomes voidable when someone signed under pressure, when the tenant is under 18, or when the rental is illegal or unsafe.
A lease may be unenforceable in Illinois if:
- Signed under duress: Threats or force removed the tenant’s ability to consent.
- Signed by a minor: Leases with tenants younger than 18 are typically voidable.
- Unit is illegal: Housing that breaks building codes, lacks a legal address, or fails to meet basic safety standards.
Courts treat a void lease as if it never existed. Tenants can leave without owing future rent, but landlords may challenge the claim in court. Landlords must return security deposits after lawful deductions, with disputes often resolved in small claims court.
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Mutual Agreement Between Landlord & Tenant
In Illinois, a lease can end early without penalty if both the landlord and tenant agree to do so. These agreements often occur through direct negotiation or by following an early termination clause included in the lease. To make it official, both parties should sign a written agreement.
Common reasons for mutual termination include:
- Job relocation or transfer
- Financial strain
- Family or medical circumstances
- Landlord is selling the property
- Major renovations or redevelopment
- Tenant buying a home
When requesting an early termination of a lease, tenants should clearly explain their reasons and propose fair terms. From there, both parties can work out the details, such as notice periods, final rent payments, and deposit refunds. A signed termination agreement provides both parties with clarity and legal protection.
Other Legal Reasons for Breaking a Lease in Illinois
Tenants in Illinois may be able to end a lease early when state or federal law grants protections beyond the usual rules. These situations fall outside of habitability disputes or landlord misconduct and give tenants additional rights to terminate without financial penalty.
Other valid reasons include:
Court-ordered relocation of the tenant: A tenant required to move by court order, such as through a protective order, may end the lease.
Supporting law: Illinois Safe Homes Act, 765 ILCS 750
Condemnation of the rental property: If authorities condemn a rental property or declare it unsafe, the unit is no longer habitable, and tenants can terminate their lease immediately.
Natural disasters that render the unit unlivable: Fires, floods, or similar disasters that destroy habitability allow tenants to treat the lease as ended.
Supporting law: Rubin v. Mueller, 19 Ill. App. 2d 320
These less common situations are still recognized under Illinois law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Illinois, tenants who terminate a lease without a valid legal reason risk losing their security deposit, being sued by the landlord, damaging their credit score, or receiving poor rental references that make it harder to secure housing later.
Landlord’s Duty to Mitigate Damages in Illinois
In Illinois, landlords have a duty to limit losses by making reasonable efforts to re-rent a unit after a tenant leaves early. They cannot demand rent for the full lease term if they do not attempt to fill the vacancy.
Once a new tenant moves in, the former tenant only owes rent for the time the unit sat empty and any outstanding amounts due. Landlords must credit rent collected from the new tenant toward the balance owed by the prior tenant.
Supporting laws: St. Joseph Hospital v. Corbetta Construction Co., Morneau v. Stark Enterprises
Tenant’s Right to Sublet in Illinois
Illinois law doesn’t give tenants an automatic right to sublet, but most leases require landlord approval first. If the lease doesn’t mention subletting, courts usually permit it as long as the tenant asks for consent and the landlord acts reasonably.
Supporting law: Jack Frost Sales, Inc. v. Harris Trust & Savings Bank
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