As a landlord in Illinois, if a tenant wants to break their lease early, you have certain obligations that must be considered in accordance with state law.
Firstly, if the tenant provides written notice of their intention to terminate the lease early, you must make a reasonable effort to re-rent the property as soon as possible. This means that you must actively market the property and make it available for potential tenants to view. You cannot simply do nothing and expect the tenant to continue paying rent until the lease expires.
If you are able to re-rent the property before the lease ends, the amount of rent owed by the tenant will be reduced by the amount of rent from the new tenant. However, if you are unable to re-rent the property, the tenant will be responsible for paying rent for the remainder of the lease term.
Additionally, you must also mitigate any damages that may be caused by the tenant's early termination of the lease. This means that you must take steps to minimize your losses, such as finding a new tenant as soon as possible or obtaining payment from the existing tenant for any damages that were caused.
It is important to note that there are some exceptions to these obligations. For example, if the lease contains a clause allowing for early termination with specific terms, then those terms will govern. Additionally, if the tenant's early termination is due to circumstances beyond their control, such as a job loss or illness, you may be required to work with them to find a resolution.
In summary, as a landlord in Illinois, your obligations when a tenant wants to break the lease early include making a reasonable effort to re-rent the property and mitigating any damages caused. It is important to review your lease agreement to determine if there are any specific terms that govern early termination, and to work with the tenant if the circumstances warrant it.
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