When Can a Tenant Terminate a Lease Early? Understanding Tenant Rights Under the Chicago RLTO

Ending a lease before its agreed-upon expiration date can be challenging, but there are instances when a tenant has the right to do so under the Chicago Residential Landlord and Tenant Ordinance. Let's explore these situations:

Mutual Agreement

Both the landlord and tenant agree to end the lease early.

Reasons for One-sided Termination

Under the Chicago RLTO, a tenant can terminate the lease early if:

• Conditions: The landlord does not make repairs for general conditions issues after the tenant sends a 14-day demand letter under Section 5-12-110(a) of the Chicago RLTO.
• Essential Services: The landlord does not make repairs for essential services after the tenant sends a 72-hour demand letter under Section 5-12-110(f) of the Chicago RLTO.
• Fire/Casualty: The rental unit becomes uninhabitable due to fire or other casualty, or if the landlord fails to make promised repairs promptly. Section 5-12-110(g) of the Chicago RLTO.
• Improper entry: Landlord or agent enters the tenant's unit without proper 2-day notice or gives proper notice that has the effect of harassing the tenant. Section 5-12-060 of the Chicago RLTO.
• Failure to deliver possession: The landlord doesn't let the tenant into the unit at the beginning of the lease. Section 5-12-110(b) of the Chicago RLTO.
• Failure to identify: Landlord or agent does not provide the name, address, and telephone number of the person authorized to manage the building within 14 days. Section 5-12-090 of the Chicago RLTO.
• Retaliation: The landlord takes action against the tenant in response to their good-faith protected conduct. Section 5-12-150 of the Chicago RLTO.
• Summary of the Chicago RLTO: The landlord fails to give the tenant a copy of the Chicago RLTO at the time the lease was signed or at lease renewal. Section 5-12-170 of the Chicago RLTO.

Are there any risks to breaking the lease early?

Yes - unless there is a mutual lease termination agreement, there are risks involved.

• If the tenant lawfully terminate the lease early using the Chicago RLTO, the landlord might still threaten the tenant.
• If the tenant does not lawfully terminate the lease early, then the landlord might consider the unit "abandoned" and 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.