Life happens—job transfer, family emergency, bad living situation. Whatever the reason, sometimes you need to get out of your lease early. Here's what Chicago renters need to know about breaking a lease legally and minimizing costs.
Before You Do Anything
Read your lease carefully. It may have specific terms about early termination, buyout options, or subletting. Always check what you agreed to first.
Your Options
1Negotiate with Your Landlord
The easiest option. Talk to your landlord directly and explain your situation. Many will let you out of your lease for a fee or with adequate notice, especially if you've been a good tenant.
2Find a Replacement Tenant
Offer to find a qualified replacement tenant yourself. This reduces the landlord's work and vacancy time. Many landlords will accept this.
3Sublet (If Allowed)
If your lease allows subletting, you can find someone to take over your apartment. You're still responsible if they don't pay, so choose carefully.
4Lease Buyout
Pay a fee to terminate early. Some leases have a specific buyout clause (often 2 months' rent). If not, you may be able to negotiate one.
Landlord's Duty to Mitigate
Here's good news for Chicago renters: Illinois law requires landlords to make reasonable efforts to re-rent the apartment (this is called "mitigation of damages"). They can't just let it sit empty and charge you for the entire remaining lease.
What This Means for You
- You're only liable for rent until the unit is re-rented
- Landlord must actively try to find a new tenant
- They can't unreasonably reject qualified applicants
- You may owe re-renting costs (advertising, etc.)
Potential Costs
Breaking your lease can be expensive. Here's what you might owe:
Possible Costs
Best case: If landlord finds a new tenant quickly, you may only owe 1 month + fees
Legal Reasons to Break a Lease
In some situations, you may be able to break your lease without penalty:
Legitimate Reasons to Terminate
- Active military duty
Federal law (SCRA) protects military members
- Uninhabitable conditions
Landlord fails to maintain basic habitability (heat, water, etc.)
- Landlord harassment
Illegal entry, utility shutoffs, or other violations
- Domestic violence
Illinois law provides protections for DV survivors
- RLTO violations
Serious landlord violations may give you termination rights
Step-by-Step: Breaking Your Lease
Action Plan
Check for early termination clauses, buyout options, sublet rules
Explain your situation honestly. Ask about options.
Any agreement should be documented and signed
Send formal notice via email and certified mail
The faster the unit re-rents, the less you owe
Take photos/videos when you leave to protect your deposit
What NOT to Do
Avoid These Mistakes
- ✗Don't just disappear — You'll owe rent and damage your credit
- ✗Don't stop paying rent — Continue until you formally terminate
- ✗Don't sublet without permission — If your lease prohibits it, you could be evicted
- ✗Don't rely on verbal agreements — Get everything in writing
Resources
- Metropolitan Tenants Organization — (773) 292-4988 — Free tenant hotline
- Lawyers' Committee for Better Housing — (312) 347-7600
- Chicago Tenant Rights Guide
- Understanding the RLTO