.png)
What You Need to Know
Renting is a great option for those looking for flexibility without the commitment of homeownership. Most renters never intend to break their rental lease agreements when signing on the dotted line, but life happens. Maybe a career change, a family emergency, or health issues require you to move before your lease ends. So, what happens if you need to break a lease agreement in Illinois? Here's what you need to know on the basics of rental lease agreements—and how to navigate the process smoothly.
What is a Lease?
A lease is a binding contract between the renter and the landlord. It spells out the terms of your rental arrangement, including your rent, the length of the lease, and the expectations to protect the rights of both parties. During the term of your lease, you're responsible for paying rent and keeping up with other obligations—like taking care of the property. The landlord, in turn, agrees not to raise the rent or change the terms until the lease ends (unless otherwise specified).
Why You Might Need to Break a Lease
Most people don’t plan on breaking a lease when they sign it, but life doesn’t always go as planned. Here are some common reasons people find themselves needing to break their lease:
A job relocation or promotion that requires a move
A family emergency
Health reasons or medical needs
The property is in poor condition and unfit for living
For those with a justifiable reason to break their lease, such as being called for active military duty, safety issues, or landlord privacy violation issues, they will not be held liable to the terms of the contract.
What is the Tenant Responsible For?
If you decide to break a lease without a legally justifiable reason, things get a bit more complicated. Typically, you’ll still be responsible for fulfilling the remaining rent payments under the lease agreement. But don’t worry—Illinois law requires landlords to make a good faith effort to re-rent the unit. If they find a new tenant, your responsibility is reduced to the rent due until the new tenant moves in.
However, if your landlord can’t find a replacement tenant, you’re still on the hook for the full rent. This is where it could get messy—you may find yourself in small claims court facing damages up to $10,000 in Illinois. As long as you’re fulfilling your rent payments, the landlord can’t take you to court just for that. However, they might still pursue damages for other costs they incurred because of your early lease termination, like cleaning, repairs, or advertising to find a new tenant. In small claims court, they can seek up to $10,000 in damages. Keep in mind, the limit on small claims court could vary by local ordinances, so it's a good idea to check your specific jurisdiction.
How to Avoid the High Cost of Breaking a Lease
Breaking a lease is never ideal, but there are ways to minimize the financial impact:
Give Plenty of Notice: The earlier you can give notice, the better. This shows the landlord you're making an effort to help them mitigate their losses.
Help Find a Replacement Tenant: Don’t just walk away—take steps to find a qualified tenant to take over your lease. Having someone lined up with solid credit and good references can make all the difference. The more proactive you are, the more likely the landlord will let you off the hook.
Work with the Landlord: If the landlord is struggling to find a new tenant, consider negotiating. Maybe you can come to a mutually beneficial arrangement. Could you pay a reduced amount, or cover a portion of the costs while the landlord works to re-rent the place?
Legal Considerations and Resources
If you’re unsure of your rights or the best course of action, consulting with a lawyer can be a game-changer. They can guide you through the process and ensure that you're following the proper steps, especially if you're facing challenges like uninhabitable living conditions or issues with the landlord.
Stay updated on tenant rights and protections by checking official resources, such as the Illinois Attorney General's Office or the Chicago Department of Housing. If you’re facing eviction or need legal assistance, there are also legal aid organizations in Illinois that can help.
Breaking a lease can be tricky, but with the right information and a proactive approach, you can navigate the process without taking a major financial hit. Have questions? Contact Anselmo & Wojcicki, LLP for expert advice.
About Anselmo & Wojcicki, LLP
Anselmo & Wojcicki, LLP is a multi-disciplinary law practice based in Schaumburg, Illinois, specializing in real estate, estate planning, tax planning, business formation, and the sale and purchase of businesses. Our commitment to our clients and our values set us apart from the crowd. Our team of legal specialists has a wealth of experience and expertise to help you meet your legal needs. We are dedicated to providing quality service and building lasting relationships with our clients.
Comments