How to Break an Apartment Lease in Illinois
In Illinois, if you break a lease without negotiating an agreement with the landlord or proving that the landlord violated part of the lease terms, you could be sued for the remaining balance on the lease. If you're stuck in a property that you need to get out of, working with your landlord is your best bet for getting out of the lease without damaging your credit.
Other People Are Reading
Instructions
-
-
1
Read your lease agreement. Find out what it says about early lease termination. There may be provisions in the lease itself that allow you to break it under certain circumstances. If your reason for breaking the lease is allowed under the agreement, then notify your landlord of your intent to exercise that option. Note that you may be required to give a specific amount of notice.
-
2
Meet with your landlord. Discuss your reason for wanting to leave. If you have been a good tenant and have a legitimate reason for needing to get out of the lease, such as a job relocation, your landlord may be willing to come to an agreement with you. Consider helping them mitigate their damages by offering to pay for an advertisement for the property or paying an extra month of rent so they have some time to find a new tenant.
-
-
3
If your lease allows you to sublet your apartment, you may be able to move a new tenant into the property and take over your payments. Discuss subleasing with your landlord, as she may want to screen any prospective new tenants. Keep in mind that if the person you sublease your apartment to fails to pay the rent or damages the apartment, the landlord will expect you to pay the damages.
-
4
Prove that your landlord broke the lease. There is a provision under Illinois law called "constructive eviction" that allows you to legally break your lease if your landlord is not meeting his obligations according to the lease. Constructive eviction usually comes into play when your landlord doesn't perform proper maintenance on the apartment as the lease says he will. For instance, if the property is infested with rodents or if your heating is broken in the middle of winter and your landlord doesn't do anything about it, then you can move out and tell your landlord you feel you were constructively evicted. Before you move out, you must give your landlord a chance to fix the problem. According to Illinois Legal Aid, you must notify him and wait a "reasonable" amount of time. If the problem isn't corrected, move out. If your landlord attempts to pursue you to make you pay out the lease term, Illinois Legal Aid suggests you contact a lawyer.
-
5
Get it in writing. Put any agreement you make with your landlord in writing and get them to sign it. In the case of constructive evictions, keep records of your attempts to have the problem fixed.
-
1
References
- Photo Credit lease image by Renato Francia from Fotolia.com
