How to Break a Lease With a Roommate That Is Subletting in Illinois
If you signed a fixed-term lease at the beginning of your tenancy, you agreed to pay rent for the entire duration of the lease term. However, you may need to move out earlier than expected. If you have a roommate who is subletting the unit, you may also want to do it peacefully so your roommate can continue to stay there. It's "almost impossible to break your lease," according to the University of Illinois at Urbana-Champaign Tenant Union. But you may be able to persuade your landlord to let you break the lease.
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Instructions
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Tell your roommate that you want to move out of the rental unit. Ask him whether he is willing to take over the entire unit. If he can't take over the entire rent, ask him how he would feel about another subletting tenant replacing you and whether he is willing to help you find a new tenant. If the entire rent amount keeps coming even after you move out, your landlord may be willing to let you break the lease.
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Talk to your landlord about why you want to move out. If you have a good relationship with an understanding landlord, she may let you break the lease. Tell your landlord that your roommate is willing to take over the entire rent amount or that you will find another subletting tenant to replace you. Your landlord may agree to such an arrangement because although you no longer live in the rental unit, your name remains on the main lease and you are responsible for the rent if the subletting tenants don't pay rent.
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Get your landlord to put your agreement in writing. The written document should state that your landlord releases you from the lease if subletting tenants can take over the rent payments. Your landlord may retain the right to approve or reject the new subletting tenant who will replace you.
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Find a new subletting tenant to replace you if your current roommate is not willing to take over the entire rent. You may post ads on newspapers, websites or other media. When you find a suitable tenant, tell your landlord and let her do background checks and other screening procedures. If your landlord approves the tenant, complete a new sublease agreement with the new tenant. If possible, get your landlord to agree to release you from your lease obligations in writing.
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Consult an attorney if your landlord refuses to let you sublet the rental unit to a new tenant. The attorney may be able to give you advice on how to break the lease with minimum damage.
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Tips & Warnings
Review your lease because it may contain clauses about lease-breaking and subletting.
If you just move out and your roommate decides to move out or not pay rent as a result, your landlord can go after you for the rent. This is because you are responsible for paying rent as the main tenant. If your landlord successfully sues you, you may have to pay rent and any expenses your landlord pays to find a new tenant.
