BREAK A LEASE
Breaking a lease in Chicago can be complicated for both tenants and landlords. For tenants, terminating a lease early can lead to financial penalties, lawsuits, and a damaged rental history. For landlords, dealing with a tenant breaking their lease can result in lost rent, vacant units, and legal disputes over unpaid rent and damages.
For Tenants
Can You Legally Break a Lease in Chicago?
Yes—under certain circumstances, tenants can legally break their lease without penalties. However, if you break a lease without legal justification, you could be held responsible for unpaid rent and additional fees.
How to Break a Lease Without Hurting Your Rental History
If you don’t qualify for a legal lease break under RLTO or state law, you still have options to minimize financial penalties and protect your rental record.
✔ Negotiate a Lease Termination Agreement
- Many landlords prefer a negotiated exit rather than going to court.
- We help tenants propose reasonable terms, such as paying one month’s rent instead of the full lease amount.
✔ Find a Qualified Replacement Tenant (Subleasing or Lease Assignment)
- Subleasing allows you to find another tenant to take over your lease.
- Lease assignments transfer all responsibilities to a new tenant with landlord approval.
✔ Use a “Buyout” Clause (If in Your Lease Agreement)
- Some leases include early termination clauses allowing tenants to pay a set fee to exit early.
✔ Work with a Landlord-Tenant Attorney
- If your landlord refuses to negotiate or threatens legal action, we can protect you from wrongful claims and ensure a fair resolution.
For Landlords
Your Legal Rights as a Landlord
When a tenant abandons their lease early, landlords often face unexpected vacancies, unpaid rent, and potential legal disputes. However, Chicago law limits the penalties landlords can impose on tenants who break a lease.
✔ Mitigation Rule – Landlords Must Try to Re-Rent
- Illinois law requires landlords to make reasonable efforts to find a new tenant before suing the tenant for unpaid rent.
- You cannot simply leave the unit empty and demand full rent from the previous tenant.
✔ Security Deposit Deductions for Unpaid Rent
- Landlords may be able to deduct unpaid rent from the security deposit, but only if done legally and with proper documentation.
✔ Legal Action Against Tenants for Lease Violations
- If a tenant breaks a lease without valid reasons, landlords can:
- Sue for unpaid rent and damages.
- Seek a court judgment for financial losses.
- Report the tenant to credit agencies, which may impact future rentals.
FAQs About Breaking a Lease in Chicago
1. How much does it cost to break a lease in Chicago?
The cost varies depending on lease terms, landlord agreements, and legal justifications. If your lease includes an early termination fee, you may have to pay one or two months’ rent to break the lease legally.
2. Will breaking a lease affect my credit score?
If your landlord takes legal action or reports unpaid rent, it can impact your credit score and rental history. Negotiating an agreement is the best way to avoid this.
3. Can my landlord keep my security deposit if I break the lease?
Landlords can only withhold your security deposit for unpaid rent or damages—not just because you broke the lease. They must provide an itemized list of deductions within 30 days.
Need legal assistance? Our experienced attorneys at Tenants Rights Group LLC are here to help. Call us at (312) 619-9603 or schedule a consultation today.