When Can a Tenant Terminate a Lease Early? Understanding Tenant Rights Under the Oak Park RTLO

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 Oak Park 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 Oak Park RTLO, 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 12-6-6(B).
• Essential Services: The landlord does not make repairs for essential services after the tenant sends a 72-hour demand letter under Section 12-6-6(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 12-6-6(E).
• 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 12-6-10(F)(5).
• Failure to deliver possession: The landlord doesn't let the tenant into the unit at the beginning of the lease. Section 12-6-5(E).
• Retaliation: The landlord takes action against the tenant in response to their good-faith protected conduct. Section 12-6-12(B)(2).
• Summary of the Oak Park RTLO: The landlord fails to give the tenant a copy of the Oak Park RTLO at the time the lease was signed or at lease renewal. Section 12-6-14(B).

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 Oak Park 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.