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Breaking a lease in Illinois

Source: 735 ILCS 5/9-207; 735 ILCS 5/9-213.1; 765 ILCS 750/15; 765 ILCS 705/16 · Checked against the statute

Tenant notice, month-to-month
1 rental period, ending with a rental period
Landlord must try to re-rent
Yes
State early-termination rights
Domestic violence, sexual assault or stalking; Military service (state law)

When can I move out in Illinois?

Choose your state, your situation and the date your landlord will receive notice.

Ending a month-to-month tenancy

If you are the tenant

  • No statute sets the tenant's notice. Under the general rule, a month-to-month tenant must notify the landlord at least one rental period before moving out, i.e., before the final month starts (Illinois Legal Aid Online).

If the landlord ends it

  • Outside local ordinances, a landlord ends a tenancy of less than a year (other than week-to-week) with 30 days' written notice (735 ILCS 5/9-207(b)); Illinois Legal Aid Online describes this as notice served at least one rental period before the tenancy ends, i.e., before the last month.

Written notice required: Not stated. A landlord's termination notice must be written (735 ILCS 5/9-207). No statute sets the form of a tenant's notice; the lease may require written notice.

Week-to-week and other periodic tenancies

  • week-to-week, landlord: 7 days, ending with a rental period. A landlord ends a week-to-week tenancy with 7 days' written notice (735 ILCS 5/9-207(a)), served before the last week starts (Illinois Legal Aid Online).
  • week-to-week, tenant: 1 rental period, ending with a rental period. A week-to-week tenant usually must tell the landlord before the last week starts (Illinois Legal Aid Online).

Leaving a fixed-term lease early

The tenant remains liable for rent under the lease, but the landlord must take reasonable measures to mitigate, so the tenant's liability is reduced by re-renting (735 ILCS 5/9-213.1).

Landlord's duty to re-rent: Yes. A landlord or its agent must take reasonable measures to mitigate the damages recoverable against a defaulting tenant (735 ILCS 5/9-213.1).

Lease-break fees: No statutory limit; the lease controls (subject to mitigation).

When Illinois law lets you leave early

  • Domestic violence, sexual assault or stalking (765 ILCS 750/15)

    Under the Safe Homes Act, a tenant who moves out because of a credible imminent threat of domestic or sexual violence at the premises (or sexual violence on the premises) has a defense to rent claimed for the period after moving out.

    Proof:
    Written notice to the landlord before or within 3 days after moving out stating the reason. For sexual violence on the premises, also one form of evidence (medical, court or police evidence, or a statement from a victim services or rape crisis organization), with notice within 60 days of the violence when possible.
    What you still owe:
    Not liable for rent for the period after moving out; still owes rent for the time before moving out and giving notice.

  • Military service (state law) (765 ILCS 705/16)

    An Illinois-resident service member (including National Guard ordered by a governor) entering military service of more than 29 consecutive days, or receiving PCS or 90+ day deployment orders, may end a residential lease; a family member living there may also do so.

    Notice:
    30 days, in writing
    Proof:
    A copy of the orders calling the service member to military service over 29 consecutive days and any extension orders.
    What you still owe:
    Effective 30 days after notice; if rent is monthly, 30 days after the next rent due date following notice. Unearned prepaid rent and the deposit (less actual damages) must be returned.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

City and county rules

  • Chicago: Landlord notice to end a month-to-month tenancy or not renew depends on length of tenancy: 30 days if under 6 months, 60 days if 6 months to 3 years, 120 days if over 3 years; short notice extends the tenancy (Illinois Legal Aid Online). Under the RLTO a tenant may end the lease if the landlord fails to keep the unit fit and habitable and does not repair within 14 days of a written request; and after a fire or casualty the tenant did not cause, may move out and give written notice of termination within 14 days after moving out (City of Chicago RLTO summary; Mun. Code 5-12-110).
  • Suburban Cook County: Landlords must give 60 days' notice for month-to-month tenancies and leases of any length unless the rental is excluded from the county ordinance; short notice lets the tenant stay 120 days (Illinois Legal Aid Online).
  • Evanston: Landlords must give 90 days' notice for all lease types (Illinois Legal Aid Online).
  • Oak Park: Landlords must give 60 days' notice for month-to-month tenancies and written leases, except owner-occupied buildings of 6 or fewer units (Illinois Legal Aid Online).
  • Mount Prospect: Landlords must give 30 days' notice for a month-to-month tenancy and 60 days for a rental agreement (Illinois Legal Aid Online).

Also good to know

  • A landlord need not make further demand before filing eviction once a tenancy is ended by notice (735 ILCS 5/9-208).
  • A tenant who willfully holds over after written demand can owe double the yearly value for the holdover time (735 ILCS 5/9-202).

Next steps

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.