What Happens After a Tenant Terminates a Lease Because of Conditions in Illinois
A tenant might break the lease early without the landlord's consent based off a breach of the implied warranty of habitability. There is a breach of the implied warranty of habitability when the conditions are so severe that no reasonable person would agree to live in the rental property.
Upon moving out, it is good practice to send a final written communication to the landlord that the keys were returned, and the rental property was vacated.
However, when a tenant asserts their rights and follows the proper legal procedures, a landlord still might not accept the lease termination and threaten the tenant. There are always risks involved with asserting one’s rights.
- The landlord might file a small claims court just for the rent.
- The landlord could sell the debt to a collections agency. Then, a tenant would have other rights under debt collection laws.
- The landlord might threaten to hurt a tenant’s credit.
The landlord has a duty to mitigate - aka try to find someone else to rent the space. This means that they need to take reasonable measures to try to find a new tenant to fill the original tenant's spot. Reasonable measures could include posting on their website, putting a sign up in the front yard, and posting on Craigslist - whatever they normally do.
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.