General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders.
- A tenant facing a credible, imminent threat of domestic or sexual violence who leaves and gives written notice within 3 days of moving out is not liable for later rent.
- When a tenant leaves early, the landlord must take reasonable steps to re-rent and reduce the damages owed.
- A month-to-month tenancy ends with 30 days of written notice.
- When serious conditions make the home unlivable, a tenant may have a claim for constructive eviction, and some local ordinances add termination rights.
An Illinois landlord must take reasonable steps to re-rent a unit when a tenant leaves early. Survivors of domestic or sexual violence have a statutory defense to rent claims, and service members are protected under federal law.
Illinois breaking a lease at a glance
| Rule | Illinois | Law |
|---|---|---|
| Military service | A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. | Servicemembers Civil Relief Act (50 U.S.C. 3955) and Illinois Service Member Civil Relief Act |
| Domestic violence survivors | A tenant facing a credible, imminent threat of domestic or sexual violence who leaves and gives written notice within 3 days of moving out is not liable for later rent. | Safe Homes Act (765 ILCS 750/15) |
| Unlivable conditions | When serious conditions make the home unlivable, a tenant may have a claim for constructive eviction, and some local ordinances add termination rights. | Illinois case law and local ordinances |
| Landlord duty to re-rent | When a tenant leaves early, the landlord must take reasonable steps to re-rent and reduce the damages owed. | 735 ILCS 5/9-213.1 |
| Month-to-month notice | A month-to-month tenancy ends with 30 days of written notice. | 735 ILCS 5/9-207 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955) and Illinois Service Member Civil Relief Act)
Domestic violence survivors. A tenant facing a credible, imminent threat of domestic or sexual violence who leaves and gives written notice within 3 days of moving out is not liable for later rent. (Safe Homes Act (765 ILCS 750/15))
Unlivable conditions
Unlivable conditions. When serious conditions make the home unlivable, a tenant may have a claim for constructive eviction, and some local ordinances add termination rights. (Illinois case law and local ordinances)
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant leaves early, the landlord must take reasonable steps to re-rent and reduce the damages owed. (735 ILCS 5/9-213.1)
Month-to-month tenancies
Month-to-month notice. A month-to-month tenancy ends with 30 days of written notice. (735 ILCS 5/9-207)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Illinois rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Illinois attorney about your situation.
Laws named on this page
- Servicemembers Civil Relief Act (50 U.S.C. 3955) and Illinois Service Member Civil Relief Act
- Safe Homes Act (765 ILCS 750/15)
- Illinois case law and local ordinances
- 735 ILCS 5/9-213.1
- 735 ILCS 5/9-207
Official sources
Illinois forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
Can a service member break a lease in Illinois?
A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955) and Illinois Service Member Civil Relief Act.
Can a survivor of abuse end a lease early in Illinois?
A tenant facing a credible, imminent threat of domestic or sexual violence who leaves and gives written notice within 3 days of moving out is not liable for later rent. Source: Safe Homes Act (765 ILCS 750/15).
Does a Illinois landlord have to re-rent the unit?
When a tenant leaves early, the landlord must take reasonable steps to re-rent and reduce the damages owed. Source: 735 ILCS 5/9-213.1.
How much notice ends a month-to-month tenancy in Illinois?
A month-to-month tenancy ends with 30 days of written notice. Source: 735 ILCS 5/9-207.