When Can a Tenant Terminate a Lease Early? Understanding Tenant Rights in Cook County

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 Cook County Residential Tenant and Landlord 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 Cook County Residential Tenant and Landlord Ordinance, 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 42-806(B).
  • Essential Services: The landlord does not make repairs for essential services after the tenant sends a 72-hour demand letter under Section 42-806(D)(2).
  • Fire/Casualty: The rental unit becomes uninhabitable due to fire or other casualty, or if the landlord fails to make promised repairs promptly. Section
  • Failure to deliver possession: The landlord doesn't let the tenant into the unit at the beginning of the lease. Section 42-805(E)(1).
  • Failure to identify: Landlord or agent does not provide the name, address, and telephone number of the person authorized to manage the building within 2 business days after the tenant sends a demand letter. Section 42-810(F)(5).
  • Retaliation: The landlord takes action against the tenant in response to their good-faith protected conduct. Section 42-812(B)(2).
  • Summary of the Cook County RTLO: The landlord fails to give the tenant a copy of the Cook County RTLO at the time the lease was signed or at lease renewal. Section 42-810(I).
• 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.
• 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.

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.
• Financial problems.
• Buying a new house.

Unless there is a mutual lease termination agreement or the tenant uses the buyout clause, there are risks involved.

• If the tenant lawfully terminate the lease early using the Cook County RTLO, 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.