When Can a Tenant Terminate a Lease Early? Understanding Tenant Rights in Illinois
In Illinois, ending a lease before its agreed-upon expiration date is challenging. There are a few instances when a tenant may terminate the lease early.
Mutual Agreement
Both the landlord and tenant agree to end the lease early.
Reasons for One-sided Termination
- Early termination lease clause: The lease may have a "buyout" provision. In most cases, the landlord will charge their tenant a penalty fee if they decide to leave early; the penalty will vary depending on the case.
- Constructive eviction: This is when the conditions of the unit are so severe that the tenant cannot bear to live in the unit anymore, so they "evict" themselves and move out.
- Escaping domestic or sexual violence: The Illinois Safe Homes Act permits tenants who have a "credible imminent threat" of harm in the unit to terminate the lease and move out.
- Starting Active Military Duty: If the tenant enters active military service after signing a lease, federal law lets the tenant break the lease. War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501.
- To qualify, the tenant must be part of the "uniformed services," which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.
- The tenant must give the landlord written notice of intent to terminate the tenancy for military reasons. Once the notice is mailed or delivered, the tenancy will terminate 30 days after the date that rent is next due.
Risks when breaking the lease early
Not all personal circumstances will give the tenant legal protection against penalties when breaking a lease. If the tenant tries to break a lease for any of these reasons, they may not be able to avoid penalties:
- Moving to be closer to a partner, close friend, or family member.
- Relocating for a new job or school.
- Moving out because of a divorce or separation.
- Downsizing or upsizing.
- Buying a new house.
Unless there is a mutual lease termination agreement or the "buyout lease clause" is used, there are risks involved. The landlord may try to 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.
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.