Can I Break My Lease in Cook County, Illinois?

 Posted on January 14, 2026 in Civil Litigation

You signed a rental agreement promising to pay rent for a set period, but then things changed unexpectedly - maybe you got a new job in another state, or your landlord refuses to fix serious problems in your apartment, or you just need to get out of a bad roommate situation. On top of dealing with whatever reason you have for leaving your apartment, now you have to figure out how to break your lease without incurring major expenses. For these reasons and more, breaking a lease can be very stressful. 

Fortunately, Illinois law does allow tenants to break their leases early under specific circumstances. Some reasons are protected by state law, while others depend on what your lease says or how your landlord responds. Understanding these rules can help you avoid losing your security deposit, or facing a lawsuit for unpaid rent. If you are hoping to break your lease in 2026, call our Oak Park civil law attorney for tenants and renters. 

Are There Legal Reasons to Break a Lease in Illinois?

Illinois gives tenants the right to leave a lease early for certain reasons without penalty. These legal protections apply to renters throughout Cook County, including Oak Park and Hillside.

Domestic Violence 

Domestic violence survivors who are under a credible threat of imminent harm can break their lease under the Safe Homes Act, per the Illinois Department of Human Rights. If you or a family member face domestic violence, sexual assault or stalking, you can give your landlord three days' notice and leave early. You must provide documentation such as a protective order or police report.

Military Service

Active military members have protection under federal and state law. If you receive military orders for a permanent change of station or deployment for 90 days or more, you can terminate your lease by giving notice.

Uninhabitable Rental Unit

If your rental unit becomes unliveable, you may have grounds to break your lease. For example, if your landlord won’t keep up basic services like heat, water or electricity, or refuses to fix serious health and safety hazards, the law considers this a breach of your landlord’s duty to you. You must give your landlord written notice and a reasonable chance to fix the problem before you leave.

Does My Landlord Have to Find a New Tenant if I Break My Lease?

Under 735 ILCS 5/9-213.1, landlords have a duty to mitigate damages. This means your landlord must make reasonable efforts to find a new tenant when you break your lease early.

Your landlord cannot simply let the apartment sit empty and charge you rent for the remaining months. They must advertise the unit, show it to potential renters, and accept qualified applicants. If your landlord finds a new tenant, you only owe rent until that new tenant moves in.

This rule protects tenants from unreasonable financial penalties. However, you still owe rent during the time your landlord is searching for a replacement tenant. If your landlord tries to charge you for months of rent without trying to find a new tenant, you may have a defense against them.

How Much Will It Cost to Break My Lease Early?

The cost to break your lease depends on your situation and what your lease says about early termination. Many leases include an early termination clause. This provision lets you break your lease by paying a specific fee, often equal to one or two months' rent. Read your lease carefully to see if you have this option.

Without an early termination clause, you may owe rent until your landlord finds a new tenant, or until your lease ends, whichever comes first. Because landlords must try to find new tenants, most people do not end up owing rent for the entire remaining lease term.

Your security deposit may also be at risk. Landlords can keep part or all of your deposit to cover unpaid rent or damages beyond normal wear and tear.

Breaking your lease without legal justification could affect your creditl history. Future landlords sometimes contact previous landlords, and a lease break could make it harder to rent your next place. However, if you break your lease for a legally protected reason, this should not hurt your rental record.

What Should You Do Before Breaking Your Lease?

• Talk to your landlord first. Some landlords will work with tenants who need to leave early. You might be able to negotiate a payment plan, or agree to help find a replacement tenant.

• Document everything in writing. If you have legal grounds to break your lease, send your landlord written notice that explains your reasons and includes any required documentation.

• Take photos of your apartment's condition. This protects you if your landlord tries to claim you caused damage.

• Understand your rights under Illinois law. Not knowing your legal protections could cost you money, or leave you stuck in a bad situation.

Call an Oak Park, IL Civil Lawyer for Tenants’ Rights Today

Breaking a lease involves legal questions about your rights as a tenant. Whatever your reason for breaking your lease, a Hillside civil law attorney can explain your options and watch out for your interests.

The Law Office of Vincent C. Machroli, P.C. offers no-charge legal consultations to discuss your situation. With over 38 years of legal experience, our office fully understands Cook County landlord-tenant law, and can help you get out of your lease while following the law and protecting your rights. Call the Law Office of Vincent C. Machroli, P.C. at 708-449-7404 to discuss your case today.