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. 735 ILCS 5/9-213.1. Reasonable measures could include posting on their website, putting a sign up in the front yard, and posting on Craigslist - whatever they normally do.
- 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.
| 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. |
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.