What Happens When a Tenant Breaks a Residential Lease Agreement in Illinois?

A signed lease agreement is a binding contract. In a perfect world, that contract is fulfilled from the move-in date to the move-out date without any issues. As a landlord in Illinois, however, you will likely encounter the frustrating situation of a tenant breaking that agreement. This can happen in several ways, but one of the most common and financially damaging is when a tenant abandons the property, moving out months before the lease term expires and simply leaving the keys on the counter.

Many landlords incorrectly believe that if a tenant leaves early, they are automatically entitled to collect rent for all the remaining months on the lease. This is not the case in Illinois. The law imposes specific duties on the landlord that, if ignored, can eliminate your right to recover your financial losses.

What Legally Constitutes “Breaking” a Lease?

A lease is a contract that binds both you (the landlord) and the tenant for a specific period. A “breach” or “break” of that lease occurs when one party fails to uphold their obligations.

While many associate a “broken lease” with non-payment of rent, that situation—where the tenant stops paying but remains in the unit—is typically handled through the formal eviction process, starting with a 5-Day Notice.

This discussion focuses on the other common scenario: lease abandonment. This is when the tenant vacates the property before the lease ends, with no intention of returning, and stops paying rent. This action does not automatically terminate the lease or the tenant’s obligations.

The Landlord’s Primary Duty: To “Mitigate Damages”

If a tenant abandons the unit, you cannot simply let the apartment sit empty for the remaining six, eight, or ten months of the lease and then sue the tenant for the entire amount. Illinois law requires the landlord to take action.

This legal obligation is called the duty to mitigate damages.

In plain terms, you must make a reasonable, good-faith effort to re-rent the property to a new, qualified tenant as soon as possible. Your right to recover lost rent from the original tenant is directly tied to your efforts to minimize your own losses.

What Are “Reasonable Efforts” to Mitigate Damages?

The law does not require you to work miracles, but it does require tangible, documented effort. You must treat the abandoned unit as you would any other vacancy. “Reasonable efforts” generally include:

• Actively advertising the unit (e.g., online listings, “For Rent” signs).
• Promptly responding to inquiries from prospective tenants.
• Showing the property to interested parties.
• Properly screening applicants using your standard criteria (credit checks, background checks).
• Not unreasonably rejecting a qualified applicant. You cannot, for example, deny a perfectly good applicant just to extend the vacancy and charge the old tenant more.
• Not charging an above-market rent for the unit. The rent should be consistent with what you charged the previous tenant or what the current market dictates.

You are not required to place the abandoned unit ahead of all your other vacant properties, but you must include it in your normal rental inventory and make a diligent effort to fill it.

How to Calculate Your Actual Financial Losses

Assuming you have fulfilled your duty to mitigate, the tenant who broke the lease is not liable for the full remaining lease, but rather for your actual damages. These damages are calculated as:

• Lost Rent: The amount of rent lost during the vacancy. For example, if the tenant leaves on March 31 and you find a new tenant who moves in on June 1, the original tenant would be liable for April and May’s rent.
• Re-Renting Costs: The actual, reasonable costs you incurred to find the new tenant. This can include advertising fees and tenant screening costs.
• Repair Costs: The cost to repair any physical damage to the unit that goes beyond “normal wear and tear.”

You must keep detailed records of all these items—ad receipts, repair invoices, and a log of showings—to prove your damages in court if necessary.

What Is the Correct Procedure After a Tenant Abandons?

When you discover your tenant has left, do not act rashly. You must follow a careful procedure to protect your rights.

• Confirm Abandonment: First, you must be certain the tenant has truly abandoned the property. Look for evidence like returned keys, a mostly empty apartment, disconnected utilities, or statements from neighbors.
• Secure the Property: Once you have a reasonable belief of abandonment, you can secure the property by changing the locks. This is to protect your asset.
• Document Everything: Immediately take extensive photographs and videos of the unit’s condition. Document every room, closet, and appliance. This evidence is vital for distinguishing “damage” from “normal wear and tear” when you account for the security deposit.
• Send Written Notice: You should send a formal letter to the tenant’s last known address (and any provided forwarding address or emergency contact) stating that you consider the property abandoned. In this notice, inform them that you are taking steps to re-let the unit to mitigate damages, per Illinois law.
• Begin Mitigation Efforts: Start advertising and showing the unit immediately. Keep records of every dollar spent and every action taken.
• Handle the Security Deposit: You must still follow Illinois’s strict security deposit laws, even if the tenant broke the lease.

How Does the Security Deposit Work in This Situation?

This is the most common and costly mistake landlords make. You cannot just “keep the security deposit” to cover the trouble.

You must use the security deposit to cover your actual, itemized damages. These can include:

• The mitigated lost rent (e.g., the two months the unit was vacant).
• The cost of repairing physical damage (e.g., holes in the wall, broken windows).
• Any unpaid utility bills or cleaning fees specified in the lease.

Under the Illinois Security Deposit Return Act (which applies to properties with 5 or more units), you must send the tenant an itemized list of deductions within 30 days of them vacating the unit. You must then return the remaining portion of the deposit (if any) within 45 days of the move-out date.

Failure to follow these rules perfectly can result in you owing the tenant double the security deposit plus their court costs and attorney’s fees, even if the tenant owed you rent. Landlords in Cook County are subject to the Cook County Residential Tenant and Landlord Ordinance (CCRTLO), which has even more stringent rules that apply to nearly all rental units.

What Is “Normal Wear and Tear” vs. “Damage”?

You can only deduct costs for damage from the security deposit, not for normal wear and tear. This distinction is a frequent source of dispute.

Normal Wear and Tear (Landlord’s Cost): These are the minor, expected signs of aging in a property.

• Faded paint or lightly scuffed walls.
• Worn-out carpet from normal walking.
• Loose grout between tiles.
• Minor scratches on a countertop.

Damage (Tenant’s Responsibility): These are issues caused by negligence, misuse, or accidents.

• Large holes in the wall from hanging heavy items or from an impact.
• Stained, burned, or pet-damaged carpets.
• Broken windows, mirrors, or doors.
• Excessive filth or garbage left behind.
• Broken appliances due to improper use.

Your move-in and move-out photos are your best evidence to justify these deductions.

Are There Any Legally Justified Reasons for a Tenant to Break a Lease?

Yes. While a tenant cannot break a lease for personal reasons like a new job or a breakup, Illinois law does provide a few specific, legal justifications. If the tenant meets these criteria, they typically owe no further rent.

Active Military Duty: Under the federal Servicemembers Civil Relief Act (SCRA), a tenant who is called to active military duty can terminate a lease with proper notice.

Victim of Domestic or Sexual Violence: The Illinois Safe Homes Act allows a tenant who is a victim of domestic or sexual violence (or whose child is a victim) to terminate a lease early by providing written notice.

Uninhabitable Unit (Constructive Eviction): This is the most complex justification. A tenant may be able to leave if the landlord has violated the “implied warranty of habitability.” This is not about minor inconveniences. It means the landlord has failed to provide essential services that make the unit unlivable, such as:

• No functioning heat in winter.
• No hot or cold running water.
• A severe pest infestation that the landlord refuses to address.
• A structurally unsound building (e.g., a leaking roof, dangerous foundation).

To use this defense, the tenant must typically have provided you with written notice of the problem and given you a “reasonable” amount of time to make the repair, which you failed to do.

What Is an Illegal “Self-Help Eviction”?

When a tenant breaks a lease or stops paying rent, it can be tempting to take matters into your own hands. This is illegal. Any attempt to remove a tenant without a court order is a “self-help eviction,” and it will result in you being sued.

Illegal self-help actions include:

• Changing the locks while the tenant is still in possession.
• Shutting off the utilities (heat, water, or electricity).
• Removing the tenant’s personal property from the unit.
• Removing the front door or windows.

The only legal way to remove a tenant who refuses to leave is by filing a Forcible Entry and Detainer (eviction) lawsuit and obtaining a judgment from a judge. Only the County Sheriff has the authority to physically remove a tenant, and only after a court order.

How Does This Differ from a 10-Day or 5-Day Notice?

It is important to use the correct legal tool for the situation.

• Lease Abandonment (This Article): The tenant has already left. Your remedy is to mitigate damages and potentially sue for your losses in civil court.
• Non-Payment of Rent (Tenant Stays): The tenant is still living in the unit but has not paid rent. Your remedy is to serve a 5-Day Notice. This gives the tenant five days to pay in full. If they do not, you can then file for eviction.
• Lease Violation (Tenant Stays): The tenant is violating a non-rent term of the lease (e.g., has an unauthorized pet, is causing a major disturbance). Your remedy is to serve a 10-Day Notice. This gives the tenant ten days to “cure” (fix) the violation. If they do not, you can then file for eviction.

Using the wrong notice or procedure can get your eviction case thrown out of court, forcing you to start the entire process over.

Special Considerations for Orland Park and Cook County Landlords

Landlords in Orland Park, Tinley Park, and other Cook County suburbs must comply with all state laws plus the Cook County Residential Tenant and Landlord Ordinance (CCRTLO). The CCRTLO is a powerful ordinance that provides tenants with many additional protections and imposes stricter obligations on landlords, including:

• More stringent rules on security deposit handling.
• Limits on the amount you can charge for late fees.
• Specific notice periods for lease non-renewal (60 or 120 days, depending on tenancy length).
• A mandatory 48-hour written notice requirement for non-emergency entry.

Assuming the CCRTLO does not apply to you is one of the most expensive mistakes a local landlord can make.

Frequently Asked Questions for Illinois Landlords

Can I just keep the tenant’s security deposit and call it even?
No. You must account for the deposit. You must send an itemized list of your actual damages (lost rent, repairs). If those damages are less than the deposit, you must return the remainder.

What if I find a new tenant who pays more rent?
Your damages are limited to your actual losses. If the old tenant paid $1,500 and the new tenant pays $1,600, you have successfully mitigated your damages for the overlapping months. You cannot “double-dip” by charging the old tenant for rent you did not actually lose.

The tenant told me they are leaving because they bought a house. Is that a legal reason?
No. Buying a home, relocating for a new job, or a personal breakup are not legally protected reasons to break a lease. The tenant is still liable for your mitigated damages.

What happens if the tenant files for bankruptcy?
This immediately changes the situation. A bankruptcy filing triggers an “automatic stay,” which legally prohibits you from all collection efforts—including sending letters, making calls, or proceeding with an eviction or damages lawsuit. You must stop all actions and consult with a knowledgeable attorney immediately.

Experienced Guidance for Illinois Landlords

Navigating a broken lease is not just about filling a vacancy; it is a complex legal procedure. At Pucher & Ranucci, our attorneys have spent nearly two decades guiding landlords in Orland Park, Joliet, and the surrounding Cook and Will County communities. We understand the specific challenges you face, from the local registration rules to the detailed procedures at the Fifth Municipal District courthouse in Bridgeview.

If you are a landlord dealing with a tenant who has broken a lease or abandoned a property, contact us today at (815) 782-3799 for a consultation. We can help you understand your rights and obligations and develop a strategy to protect your investment.