The Termination of a Lease in Illinois
Landlords in Illinois may terminate their lease agreements with tenants for-cause if they entered into written lease agreements with them. Otherwise, they must wait until the end of their lease agreements to terminate their tenancies. Landlords who enter into oral lease agreements may terminate their leases after giving them at least one month's written notice of termination. Tenants may also terminate their oral lease agreements after providing one month's written notice.
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Rental Payment Practices
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Tenants who pay their rent monthly pursuant to an oral lease agreement must give their landlords at least 30 days' written notice prior to terminating their lease agreement. Landlords must also follow this 30-day rule. However, tenants who pay rent annually must give their landlords at least 60 days' written termination notice, and landlords must give their tenants 60 days' written notice.
Terminating For-cause
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To terminate a tenant before the end of the lease term, a landlord must have cause for termination. Similarly, tenants may terminate their tenancies before the lease ends if they have cause for termination. Violating or breaching the lease is a for-cause reason to terminate before the end of the lease agreement. Either party must give the other at least five days' written notice outlining the reasons for termination and opportunity to cure. The opportunity to cure requirement does not apply to violations of the lease agreement that are not remediable. For example, landlords may not have to provide tenants who extensively damage property an opportunity to cure. For non-payment of rent, landlords must give their tenants at least five days to pay their delinquent rent, but they do not have to accept less than full tender (amount due). After five days, either party may terminate the lease agreement or sue for damages in court.
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Constructive Eviction
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Tenants may terminate their lease agreements after providing proper notice before the end of their lease terms if they can prove their landlords failed to provide them with essential services. Under the constructive eviction theory, landlords who fail to provide habitable housing have constructively evicted their tenants. However, tenants must keep paying rent if they remain in their homes unless they can prove in court they withheld rent to force their landlords to provide essential services and the damages exceed the amount of rent owed.
Proper Terminations and Security Deposits
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Landlords must return remaining security deposits to tenants who properly terminate their lease agreements. Landlords may not withhold fees to cover damages unless, within 30 days of vacancy, they provide to tenants a notice of damages and actual or estimated repair costs. Landlords must return remaining deposits within 45 days. If they do not provide their itemized accounting within 30 days, they must return the entire deposit within 45 days.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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