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Ending the lease
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When the move-outdate of a lease is getting near, the landlord and tenant should talk about whether they want to renew the lease.
Normally, neither the tenant nor the landlord can change their mind and get out of the lease before it ends, unless the other side agrees. But both parties can agree to end the lease early by a written agreement. If no agreement is reached, the tenant must pay rent for the full lease term, even if they move out. To avoid a total loss, the tenant might also be able tosubleasethe unitto someone else.
A tenant may break the lease for serious problems with the property that make living in there very difficult. The legal term for this is the warranty of habitability. If a landlord breaks it, the tenant can move out. But try to talk to a lawyer first before doing this to make sure your rights are protected.
There is also a rare exception for tenants in the armed services. They can end a lease if they receive a permanent change of station or a deployment order that will last at least 90 days.
If a written leasedoes not auto-renew, the tenant needs to move out by the end of the lease. If a tenant does not move at the end of the lease, they are "holding over," and the landlord has the right to start the eviction process against them.
Some leases auto-renew for a year or change to a month to month lease at the end of the first year.
If the landlord continues to accept the usual rent payment every month from the tenant, the landlord and tenant now have a lease that renews monthly. The same lease terms apply.
If there is a notice requirement stated in the lease, the tenant should notify the landlord that they want to move by that time. If there is no notice period stated in the lease, tenants in a month-to-month lease who want to move commonlygive at least 30 days written notice before their next rent payment is due. Rent payments due within 30 days of the notice still need to be paid in full, even if the tenant will not live in the apartment for the entire month.
Last full review by a subject matter expert
April 22, 2020
Last revised by staff
July 28, 2021
Forms
Use this form to notify your landlord repairs are needed.
Sample Illinois lease Blank form
A sample lease for tenants and landlords that you can use to create your own version.
Rental repair letter Easy Form
A program to make a letter to ask a landlord to repair your apartment or house.
Local Housing Counselors
Housing counselors can provide advice on rental and foreclosure issues. These counseling agencies on this list are approved by the U.S. Department of Housing and Urban Development (HUD); they can offer independent advice, often at little or no cost to you.
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Legal Comment
Legal Comment
PDF form for ending leases
Submitted by Javier Medina on Wed, 04/12/2023 - 18:32
Hi. I am a landlord. A tenants from other apartment ask me for rent my apartment. They have a least six months leases with other landlord. The tenants need to move because the landlord asked them to move. I don’t know the reason why the landlord asked them. Do you have any example pdf documents that I can download for ending a leases?
RE: PDF form for ending leases
Submitted by Teri Ross on Fri, 04/14/2023 - 10:43
Javier, thank you for your comment. We do not have a form for ending a lease. Any agreement between a landlord and tenant that alters the lease (such as ending it early) should be in writing and signed by both parties. Best of luck to you -
Lease terms when tenant does not respond
Submitted by Amy Matta on Tue, 02/21/2023 - 12:08
In Dec, during the winter storm, there was a pipe break when tenants were not home. As an owner I acted as soon as I got the info, filed an insurance claim and got the restoration team to start the drying process. Tenant cleared up the place and removed his belongings after 3 days of the damage. They mentioned they were working with their rental insurance for their accommodation needs and I was working with my insurance to get the place cleaned and getting quotes to build back. Tenant was sent emails with updates but he never responded or acknowledged any emails.The build back is almost complete. Might take 3 weeks more to complete. Last week, I sent email with a deadline, that he needs to let us know if he wants to come back once the build back is complete. he responded saying he wants to know how much will he be charged if he wants to complete the lease or break the lease. I did send him the email with the info he asked for. Again, no response. So I would like to know what my options are here. He is still under lease but wont respond to the emails sent. How long should I wait. Can I give him again a deadline to respond? What if he does not respond? Can I market my house for rent?
RE: Lease terms when tenant does not respond
Submitted by Teri Ross on Tue, 02/21/2023 - 12:43
Amy, thanks for your question, and sorry to hear about your property issues. How the landlord or tenant can break a lease depends upon what the lease says. Many leases contain clauses that address repairs to the unit, what action or inaction is a breach of the lease, and how the parties notify and respond to each other. Look over your lease carefully to see what it requires you to do. If you are in Cook County, you may want to call the CCLAHD program at 855-956-5763 for free legal advice. Best of luck to you -
Lease ended and does not state how much of a notice to give land
Submitted by Janet Gonzalez on Fri, 02/03/2023 - 14:06
Would it still be a 30 day notice or since the lease stated it would end at a certain day that I would not need to give a 30 day notice that I would be leaving. Landlord has not contacted me about keeping me as a tenant or not.
RE: Lease ended and does not state how much of a notice to give
Submitted by Teri Ross on Mon, 02/06/2023 - 08:36
Janet, thank you for your question. Most leases have an effective and an end date. In Illinois, if:
- a lease ends and
- no new lease is signed by the landlord and tenant and
- the landlord continues to accept rent
then the lease is called 'month-to-month'. In a month-to-month lease, the landlord or tenant can give 30 days notice to the other that they will end the lease. Good luck to you -
Landlord didn't renew lease but accepts monthly rent, now trying
Submitted by Jackie Postelnick on Tue, 01/24/2023 - 21:17
The lease formally ended in May 2022. Landlord never formally renewed lease. It was agreed verbally/text that the rent was going to go up and tenant agreed to pay the increased amount. Tenant paid rent monthly on time and now in January 2023, wants to move out and provided a written 30 day notice via email. Landlord is saying that the tenant cannot move out until May 2023 and is coercing them into signing the formal lease. Because a new contract was not signed, does IL law assume that the lease then goes month to month if the landlord doesn't ask the tenant to move out and accepts monthly payments? Does verbal agreement to paying a higher amount in rent imply anything here?
RE: Landlord didn't renew lease but accepts monthly rent
Submitted by Teri Ross on Fri, 01/27/2023 - 07:12
Jackie, under Illinois law, if one lease ends and no new lease is signed, neither party gave the other notice of termination, and the landlord continues to accept rent, then it is considered a month-to-month agreement. With 30 days notice, either party can end the lease. This does not keep the landlord from raising the rent. But if there is no record (including voicemails, texts, etc.) that the landlord and tenant agreed to an increased amount, and the landlord continues to accept the rent, then the landlord doesn't have much of a case to argue.
Non-renewal notice and unpaid rent
Submitted by Kristin Ellis on Thu, 01/05/2023 - 13:00
Hello, I received my 60-day non-renewal notice. I lost my job due to being a temporary COVID hire and am behind on rent. The non-renewal notice says that any unpaid rent/fees will double in 60-days. I cannot find anything about this in my lease. Is this normal to double anything unpaid?
Re: Non-renewal notice and unpaid rent
Submitted by Teri Ross on Tue, 01/10/2023 - 16:43
Kristin, I am sorry to hear about your situation. If there is nothing in your lease about rent doubling, then the landlord has no basis for it. It is not normal to double anything unpaid, and, in some counties (Cook) and municipalities (Chicago), there is a limit on late fees that can be charged. For rental and legal assistance, check out IllinoisHousingHelp.org. Best of luck to you -
Worried about doing this on your own? You may be able to get free legal help.
Forms
Use this form to notify your landlord repairs are needed.
Sample Illinois lease Blank form
A sample lease for tenants and landlords that you can use to create your own version.
Rental repair letter Easy Form
A program to make a letter to ask a landlord to repair your apartment or house.
Local Housing Counselors
Housing counselors can provide advice on rental and foreclosure issues. These counseling agencies on this list are approved by the U.S. Department of Housing and Urban Development (HUD); they can offer independent advice, often at little or no cost to you.
