Now What? My Landlord Plans to Sell or Sold the Building and I Want to Leave
NOTE: This article does not apply to buildings sold in foreclosure or to government-assisted housing. Examples not included are Section 8 Housing Choice Vouchers, HUD project-based housing, or public housing. These situations have different rules.
Question: My landlord plans to sell the building or has already sold the building. What if I want to end the lease and move out?
You can agree to break the lease, but you don’t have to. A landlord cannot force the tenant to move out without going through the proper legal eviction process: Lockouts are illegal.
If you do agree to break the lease, it’s important to put that agreement in writing. Otherwise, you could be faced with a lawsuit for non-payment of rent even though the landlord asked you to move out. Here is a sample agreement:
“Larry Landlord, Landlord, and Terry Tenant, Tenant, hereby agree to end their lease for 1234 Main Street, Elgin, Illinois. That lease was dated October 1, 2018, and we now agree the lease ends on May 31, 2019. Both the lease and Tenant’s tenancy end on May 31, 2019. Tenant has paid the rent through May 2019 and does not and will not owe additional rent for months after May 2019.”
Other Tips to Keep in Mind:
- You and the landlord should both sign and date the agreement, and you should each get a copy to keep.
- Simply writing “void” on a lease or tearing up your copy is not enough because your landlord could always produce a copy of the original, claiming that you ended the lease without their consent.
- Also, keep in mind that your landlord may want you to move out in order to make the house or apartment building easier to sell. Since you don’t have to agree to move out before your lease ends, you might be able to negotiate a good deal. For example, the landlord may be willing to give you a discount on your rent (such as half of a month rent-free) in exchange for your willingness to break the lease. Again, be sure to get any such agreement in writing.
Question: Do I still need to pay rent before I move out?
Yes. Unless you and the old/new landlord have an agreement where you don’t need to pay rent before moving out, then a tenant is still obligated to pay rent for the time that they live in the home.
Question: What happens to my security deposit?
- If you and the landlord are making a move-out agreement, consider including a statement that they will return your security deposit by a certain date in a certain way.
- If you move out without making a move-out agreement, then the landlord needs to follow Cook County or general Illinois state law for returning the security deposit.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.