Breaking a Lease in Illinois: Tenant Rights and Landlord Options

By TenantLoop teamUpdated 2 min read

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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

RuleIllinoisLaw
Military serviceA 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 survivorsA 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 conditionsWhen 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-rentWhen 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 noticeA 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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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

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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.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.