When Can a Tenant Terminate a Lease Early? Understanding Tenant Rights Under the Evanston 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 Evanston 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 Evanston 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 30-day demand letter under Section 5-3-7-1(A) of the Evanston RLTO.
- Essential Services: The landlord does not make repairs for essential services after the tenant sends a 7-day demand letter under Section 5-3-7-4(A) of the Evanston RLTO.
- Fire/Casualty: The rental unit becomes uninhabitable due to fire or other casualty. Section 5-3-7-6(A) of the Evanston 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 5-3-8-2(B) of the Evanston RLTO.
- Failure to deliver possession: The landlord doesn't let the tenant into the unit at the beginning of the lease after the tenant sends a 5-day demand notice. Section 5-3-7-2(A) of the Evanston RLTO.
- Retaliation: The landlord takes action against the tenant in response to their good-faith protected conduct. Section 5-3-9-1(B) of the Evanston 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 Evanston 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.
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.