When it comes to the landlord tenant relationship, things can take a turn for the worse rather quickly and may necessitate a tenant breaking a lease. The state of Illinois has protections in place for renters when it comes to their legal obligations toward their landlord and their rights to terminate that relationship if needed.
This decision should not be undertaken lightly, though, because as with most things, there have to be very good and specific reasons for legally being able to break a lease, otherwise tenants may face some potential consequences as a result. This is why it is so important to understand the legal framework which governs tenant's rights and be able to navigate the process correctly and competently.
Of course, the best way to do that is to seek out the guidance of a legal professional who can help guide you through the process, but it is always good to familiarize yourself with at least the basic contours, if not the specific details. Below, you will find some information on both the broad strokes and the more granular details you may encounter if you are trying to legally break a lease.
Key Takeaways
Start with your Lease Agreement
The first step you should take is to thoroughly review your lease agreement. Read every portion of it, and don't skim it but really read the whole thing. There may be crucial provisions thrown in there as an afterthought which may actually end up being the most determinative portion of your whole situation.
Pay particular attention to any clauses related to breaking your lease and what the landlord considers a justifiable reason. Of course, it is important to keep in mind that what the landlord considers justifiable may not include the full picture of what the law considers justifiable. A landlord may say, for example, that you can only break your lease if the whole building is somehow destroyed, but there are many more reasons that would create a legally justifiable reason to break your lease.
Typically, landlords use a standard lease agreement form, but sometimes they may try to be sneaky and throw in some particularly prohibitive provisions. Go through your lease with a fine-tooth comb.
Your lease should include provisions about early termination and any potential penalties you may be responsible for if you do choose to take this step. Understanding all of these terms will give you insight into what can be done and what the potential consequences may be.
Illinois Landlord/Tenant and Contract Termination Laws
You will next want to familiarize yourself with Illinois laws pertaining to the landlord and tenant relationship and contract termination principles in general. Illinois has laws in place that specifically govern lease termination options. Let's take a look at some below:
- Early Termination of a Lease Due to Military Service: The Servicemembers Civil Relief Act is a federal statute that provides protections for military personnel who receive orders to enter active military service or deploy abroad. The landlord may request proof of such notice in the form of a copy of the written military orders. This Act protects military service members from any sort of penalties in these situations, which kick in from the start date of active duty and end between one and two months afterward. It applies to leases on residential properties, including mobile homes, as well as non-residential properties, such as farmland or other agricultural properties.
The Illinois General Assembly also provides its own protection in the form of a "Military personnel in military service; right to terminate lease" provision in the state property code. It provides that "A tenant who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the tenant's family who resides with the tenant at the leased premises may terminate a lease for a mobile home lot, residential premises, non-residential premises, or farm or agricultural real property" and "if the tenant enters military service for greater than 29 consecutive days after executing the lease or the tenant, while in military service, receives military orders for a permanent change of station or to deploy with a military unit or as an individual in support of a military operation for a period of not less than 90 days" and this applies "regardless of whether the lease was signed before or during military service." In order to exercise this right, the military service member or the family member who lives with them must provide the landlord with a copy of the orders.
"Termination of the lease is effective 30 days after the delivery of the notice to the landlord, except that if rent is paid in monthly installments the termination is effective 30 days after the next rental payment due date after the date of the notice to the landlord. If any rent payment was made in advance, the landlord must return any unearned portion and the landlord must return any security deposit paid, except to the extent that there are actual damages or repairs to be paid from the security deposit as provided in the lease agreement."
If a landlord refuses to accept the service member's termination of their lease, this will be considered "a civil rights violation under the Illinois Human Rights Act."
- Problems with Habitability of the Rented Premises: If the unit you are renting becomes uninhabitable, you may terminate your lease early without facing any penalties. This would happen in situations where the space no longer meets basic health and safety standards, such as proper sanitation. If the landlord refuses or fails to make necessary repairs to make the unit habitable within a reasonable amount of time, you can legally break your lease.
Some examples of a property being uninhabitable include if the pipes burst and the apartment unit is flooded with several feet of water and the landlord does not take care of this. Or, if during the winter the heating goes out and the landlord fails to fix it. In such situations, it is very important to document any and all such issues, including the failure of the landlord to respond to requests for assistance or outright refusals.
- Instances of domestic violence: Domestic violence is an unfortunate and heartbreaking reality for many people across the state. Illinois law allows victims of domestic violence and abuse to terminate their leases early without penalties. This law is called the Safe Homes Act. It also applies to people facing imminent threats, stalking, sexual assault, and harassment. The tenant, in such an instance, has to provide the landlord with written notice of their intention to terminate the lease.
In cases of sexual violence, the tenant must provide the landlord with "at least one form of the following types of evidence" to support "the claim of the sexual violence: medical, court or police evidence of sexual violence; or statement from an employee of a victim services or rape crisis organization from which the tenant or a member of the tenant's household sought services" and the sexual violence must have occurred not more than 60 days prior to the date of giving the landlord the written notice.
How to Provide Proper Notice
The main thing to keep in min d when it comes to making sure you provide your landlord with proper notice is to provide it in writing. This cannot be overlooked. It must be done in writing, there is no leeway with this. The lease agreement may require different notice periods, so this will vary depending on your particular lease, but typically you have to give your landlord at least 30 days' notice.
This is the standard, but be sure to check your lease agreement for any other stipulations regarding the timeframe. The lease may also require that the written notice be provided either in person or via certified mail, so this is another important detail to be mindful of and to follow exactly as required.
Open Communication and Attempts at Negotiation
Try to maintain open communication with your landlord, and do not start off on an adversarial note. It is always best to try to resolve the situation amicably. The landlord will likely be much more amenable to your requests and needs if you approach them respectfully. It is understandable if you feel anxious or upset about your circumstances and may even lay blame at your landlord's doorstep, so to speak, but at least make an attempt at an open and mutually respectful dialogue.
You may try to negotiate new terms for an early termination, and if the landlord is amenable, they may agree to allow you some wiggle room. You may ask for some concessions or even offer to forfeit your security deposit or pay some nominal penalty (rather than the full amount left on your lease, which would be significantly higher). A mutually acceptable agreement will prevent you from experiencing further problems and legal issues down the road.
Subleasing or Finding a New Tenant
Your lease may potentially allow you to sublease your unit or find a replacement tenant to take over your lease altogether so that you have a way out that would be acceptable to your landlord. But make sure that the sublease or new tenant meets the lease's requirements and that you get your landlord's approval. Make sure to document this process and keep records of all communications between all parties.
Keep Detailed Records
It is very important for you to keep detailed records of everything that has to do with your tenant experience and attempts at getting things resolved. The things you will want to ensure you document include:
- All communications between all parties. If you have requested repairs, for example, make sure you have written proof of this. If your landlord gives you permission to find a new tenant to take over your lease, document that communication.
- All agreements must be documented, ideally in writing. It has to be in writing if it is a notice.
- Photograph everything. Not only will this help to ensure you get your security deposit back if you can prove that everything is in the same condition as when you initially moved in, but it can also go a long way to showing the uninhabitable conditions you may be experiencing.
By keeping detailed records, you will be able to protect yourself from false allegations and will be able to show that you followed all necessary steps and procedures.
Seeking Legal Help
As mentioned previously, it is always advisable to seek legal assistance if you feel unsure about your rights and obligations. A legal professional can help you to effectively navigate this whole process. There are competent real estate attorneys and those who specialize in landlord-tenant law who can help you.
Be Aware and Prepared for Financial Consequences
If you terminate your lease early, even if you do so within your legal rights, there may still be financial consequences involved. You may not get your security deposit back, you will have to pay for your moving costs, there may be early termination fees, and you may be responsible for the rent amount while you look for a new tenant. These are all important considerations to keep in mind.
In Conclusion
Early termination of a lease can be a necessary undertaking, but it needs to be done thoughtfully and carefully. You must understand and adhere to legal requirements. You'll need to review your lease, discuss it with your landlord, keep meticulous records, provide proper notice, and be prepared to pay some fees. An attorney will be able to help, so do not hesitate to contact one.
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