Breaking a lease in Illinois

Illinois gives no general right to break a lease early. It does let servicemembers end a lease, gives survivors of domestic or sexual violence a defense to rent after they leave, and requires you to take reasonable steps to re-rent when a tenant leaves early.

765 ILCS 705/16 765 ILCS 750/15 735 ILCS 5/9-213.1

• Under the Illinois statute, a service member is an Illinois resident in a component of the U.S. Armed Forces or a state, district or territorial National Guard. A qualifying tenant who enters military service for more than 29 consecutive days after signing, or receives permanent-change-of-station or deployment orders of at least 90 days while serving, or a family member residing with that tenant, may terminate as section 16 provides. 765 ILCS 705/16
• The servicemember's termination takes effect 30 days after you receive the notice; with monthly rent, 30 days after the next rent due date. Return unearned prepaid rent and the deposit, less actual damages. Refusing to accept a valid termination is a civil rights violation. 765 ILCS 705/16(d) 765 ILCS 705/16(e)
• The Safe Homes Act provides a rent defense when a tenant leaves because the tenant or a household member faces a credible imminent threat of domestic or sexual violence at the premises. Written notice stating that reason must be given before or within three days after leaving, and the court must find the statutory facts by a preponderance of the evidence. The defense concerns rent after departure, not a general cancellation of every pre-existing obligation. 765 ILCS 750/15(a)
• The sexual-violence route covers the tenant or a household member when the incident occurs on property owned or controlled by the landlord and the tenant leaves because of it. Give written notice before or within three days after leaving, stating the reason and incident date, with medical, court or police evidence or a statement from a victim-services or rape-crisis employee. The incident must be within 60 days before notice, or notice must follow as soon as practicable when related circumstances prevent it. This defense does not excuse rent before the required notice and departure. 765 ILCS 750/15(b)
• These Safe Homes Act rights cannot be waived or changed in a lease. 765 ILCS 750/30
• A tenant may also end the lease under the flood disclosure rule, the radon rule or the utility payment rule when their conditions are met. 765 ILCS 705/25(e) 420 ILCS 46/26(b) 765 ILCS 735/1
• For the state military right, provide the orders calling the member to service for more than 29 consecutive days and any orders extending the service. Section 16 defines military service to include qualifying full-time training or duty ordered by the President, a governor or other appropriate military authority. Federal protections have separate coverage and requirements. 765 ILCS 705/16
• Do not tell a prospective landlord that the tenant or a household member exercised Safe Homes Act rights, or disclose information supplied for that purpose, except in proceedings under the Act, when required by law, or with the qualifying person's written consent. Providing evidence does not itself waive an existing third-party privilege. A disclosure violation can lead to actual damages up to $2,000 and a possible award of attorney fees and costs. 765 ILCS 750/27 765 ILCS 750/29
• The Safe Homes Act excludes public housing assisted under the federal Housing Act of 1937, including qualifying mixed-finance units, while excepting the tenant-based Housing Choice Voucher program from that exclusion. Identify the housing program before relying on this state Act; independent federal and program protections need separate review. 765 ILCS 750/35

You may end a month-to-month tenancy, or any periodic tenancy of less than a year other than week to week, with 30 days' written notice. A week-to-week tenancy needs 7 days' written notice, and a year-to-year tenancy needs 60 days' written notice before the end of the year.

735 ILCS 5/9-207 735 ILCS 5/9-205

• For a year-to-year tenancy, you may give the 60-day notice any time in the 4 months before the last 60 days of the year. 735 ILCS 5/9-205
• Once the tenancy has ended by notice, you need no further demand before filing an eviction case. 735 ILCS 5/9-208
• A lease for a fixed term ends on its end date with no notice needed. 735 ILCS 5/9-213
• A lender or buyer who takes control of a property in foreclosure must give a tenant with a bona fide lease at least 90 days' written notice. 735 ILCS 5/9-207.5
• For a home covered by Cook County's RTLO, a landlord must give at least 60 days' written notice to end a month-to-month tenancy or decline renewal. If that notice is missing, the tenant may remain for up to 120 days after proper written notice is given, under the previous month's terms. Cook County Code § 42-109(c)(2)