In Illinois, options are available when you want to move out before your residential lease is over. Before we begin, let’s examine the term lease. A lease is a binding contract between you and your landlord for the rental of a property. The property for rental can be commercial (i.e. store or office) or residential (i.e. apartment or home).
Our focus in this blog will be on residential use. A lease can be oral or written. An oral lease renews each month you stay there. This is considered a month-to-month lease. A written lease lasts for a set period of time, usually a year. Your lease should say when it ends. If you want to move out before your lease ends, here are a few options:
| Month to Month Lease or Oral Lease | Written Lease |
| If you have a month-to-month lease, you can give your landlord a 30-day written notice that you plan to move out by the end of the month. Month-to-month leases are usually oral leases. Be sure the landlord gets this notice at least 30 days before the end of the month you intend to move out.
|
Option 1: Negotiate: If you have a written lease, try to negotiate with your landlord. Explain to your landlord the good reason for moving out early. Your landlord may be willing to let you out of the lease if you give at least 30 days’ notice.
> Helpful Tip: If you landlord agrees to let you move out early, get that agreement in writing with signatures from both parties. Keep the agreement for your records. Option 2: Sublet: If negotiations fail, try to see if you might be able to sublet. Sublet is to rent out your apartment. You can usually sublet unless the lease specifically says you cannot. Talk to your landlord and get permission to sublet. If your landlord agrees, make sure you get this agreement in writing. Legal Note: In the Illinois, you are still responsible for the rent if the person you sublet to does not make a payment. You are also responsible if the person you sublet to damages the apartment, unless the landlord lets you out of the terms in the lease. |
Legally Justified Reason To Break Your Lease
The previous options discussed apply to situations in which you do not have legally justified reason for leaving. A legally justified reason for breaking a lease is when the conditions in your apartment are so bad that you cannot live there anymore, you can argue that you were “constructively evicted.” Basically the landlord has for all practical purposes “evicted” you. Possible examples of constructive eviction include: 1. Landlord has refused to provide heat; 2. Landlord has refused to provide water; or 3. There is an infestation of roaches.
Lastly, in order for you to break your lease for constructive eviction, you need to tell landlord of the problem. State statutes typically have specific details, as the type of notice tenants must provide before moving out because of a major repair problem. You must give the landlord the opportunity to fix the problem. You can move out if the landlord does not fix the problem after a reasonable amount of time.
Final Note
If you break your written lease without the agreement of your landlord, or without constructive eviction, your landlord can sue you for the rent you did not pay and for the cost of re-renting the apartment. Avoid the headache and legal costs. It is best to work with your landlord and come to an agreement.
