When Can a Tenant Terminate a Lease Early? Understanding Tenant Rights under the Mount Prospect Regulations

Ending a lease before its agreed-upon expiration date can be challenging, but there are instances when a tenant has the right to do so under the Mount Prospect Landlord and Tenant Regulations. Let's explore these situations:

Mutual Agreement

Both the landlord and tenant agree to end the lease early.

Reasons for One-sided Termination

Under the Mount Prospect Regulations, a tenant can terminate the lease early if:

• Conditions: The landlord does not make repairs for general conditions issues after the tenant sends a 14-day demand letter under Section 23.1808(A).
• Fire/Casualty: The rental unit becomes uninhabitable due to fire or other casualty, or if the landlord fails to make promised repairs promptly. Section 23.1808(F).
• Failure to deliver possession: The landlord doesn't let the tenant into the unit at the beginning of the lease. Section 23.1808(B)(1)(a).
• Retaliation: The landlord takes action against the tenant in response to their good-faith protected conduct. Section 23.1809(B).

Are there any risks to breaking the lease early?

Yes - unless there is a mutual lease termination agreement, there are risks involved.

• If the tenant lawfully terminate the lease early using the Mount Prospect Regulations, the landlord might still threaten the tenant.
• If the tenant does not lawfully terminate the lease early, then the landlord might consider the unit "abandoned" and hold the tenant responsible for the remainder of the rent.

Tenants might consider finding someone else to take over their lease and "sublet" the unit.