Oak Park (RTLO) Conditions: Legal Remedy of Lease Termination
The Oak Park RTLO states that a tenant can terminate the lease if the landlord's failure to make repairs makes the unit "not reasonably fit and habitable."
The tenant would send a written letter: (1) list all the issues that need to be repaired and (2) state that the lease will terminate within 14 days if all the repairs are not made.
What to Consider
- If a tenant sends a letter to break the lease, the lease is considered terminated on the 15th day. The tenant has 30 days to move out. However, if the tenant stays in the unit past the 30-day deadline, then (1) the 14-day letter is waived, (2) the lease remains active, and (3) the tenant are liable for rent.
- After the 14-day period ends, the landlord might not accept the lease termination and threaten to hurt the credit or sue the tenant. The landlord needs to 'mitigate damages' by finding another tenant.
- Document to the conditions issues before and after the tenant leaves.
- After the 14-day period ends, the tenant can send a follow-up written communication to the landlord that their lease is now terminated under the RLTO and they plan to move out within 30 days. The tenant can ask about move-out procedures (like where to return the keys) and an inspection.
Other Available Options
- A tenant might be able to withhold rent with a 14-day letter to withhold under the RTLO. Click this link to explore that option or click the proper link at the bottom of the page.
- A tenant might be able to make repairs or hire someone to make repairs and deduct that from next month's rent with a 14-day letter under the RTLO. Click this link to explore that option or click the proper link at the bottom of the page.
- To explore other options outside of the RTLO, click here or click the proper link at the bottom of the page.