Can I Be Liable for Rent After Breaking the Lease Early?
Can the tenant be held responsible for the rent after moving out?
Yes, a tenant can be held responsible if they did not terminate the lease legally. The tenant has essentially abandoned the rental property.
However, the landlord has a "duty to mitigate."
The landlord's "duty to mitigate" means that they need to take reasonable steps 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 or Facebook - whatever they normally do. Ahmad v. Sekely.
- If they succeed, the tenant is responsible for paying the difference between the rent owed from the date of abandonment to the end of the lease and the rent the new tenant pays.
- If they don't succeed, the tenant is responsible for paying the rent for the whole lease period.
Additionally, the tenant is responsible for reasonable advertising expenses and redecoration costs incurred by the landlord in the process. Section 5-12-120 of the Chicago RLTO.
| Liability? | Example | |
| If the landlord successfully re-rents the unit at the same rent with no gap: | No. | Lease ends May 30, 2023. Rent is $900. Tenant moves out May 15, 2023 and paid full May rent. Landlord finds a new tenant to start a lease on June 1, 2023 with a rent of $900. Tenant is not liable. |
| If the landlord successfully re-rents the unit at the same rent with a gap: | Yes. | Lease ends May 30, 2023. Rent is $900. Tenant moves out April 3, 2023 and did not pay April or May rent. Landlord finds a new tenant to start a lease on July 1, 2023 with a rent of $900. Tenant can be liable for April and May rent. |
| If the landlord successfully re-rents the unit at a lower rent with a gap: | Yes. | Lease ends May 30, 2023. Rent is $900. Tenant moves out April 3, 2023 and did not pay April or May rent. Landlord finds a new tenant to start a lease on May 1, 2023 with a rent of $800. Tenant can be liable for April rent plus $100 for May rent. |
| If the landlord does not successfully re-rent the unit: | Yes. | Lease ends May 30, 2023. Rent is $900. Tenant moves out February 15, 2023 and did not pay for February or following months. Landlord could not find a new tenant before the lease expired on May 30, 2023. Tenant can be liable for rent for February, March, April, and May. |
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