House & Apartment

Yes, with one exception. Landlords and people must serve Giving court documents to someone written notices that a lease is ending and will not be renewed for all:

• Month-to-month and week-to-week arrangements (also called tenancies),
• Cook County properties,
• Rentals paid with a Housing Choice Voucher (HCV), and
• Written rental agreements that automatically renew.

Outside Cook County, property owners do not have to serve a written notice that a lease is ending and will not be renewed if all of the following are true:

• The property is entirely outside Cook County,
• The property is owned privately,
• No portion of rent is paid by a Housing Choice Voucher (HCV),
• The housing provider and the person living in the property have a written rental agreement with a clear end date that does not automatically renew, and
• The written rental agreement does not require the landlord An owner of property who rents it out to a tenant to provide written notice.

The rules on how much notice a housing provider must give to end a month-to-month or week-to-week tenancy depend on where the property is located. If the tenant does not move out after the notice period ends, the landlord An owner of property who rents it out to a tenant must file an eviction case. Learn more about what happens after a case is filed in How eviction cases work.

Most of Illinois: A landlord must give a tenant written notice at least one rental period before a tenancy ends. This means serving written notice to the tenant before:

• The last month of a month-to-month tenancy, or
• The last week of a week-to-week tenancy.

Chicago: The amount of notice depends on how long the tenant has lived in the unit:

• 30 days if the tenant has lived in the unit for under 6 months,
• 60 days if the tenant has lived in the unit between 6 months and 3 years, and
• 120 days if the tenant has lived in the unit for over 3 years.

Owner-occupied properties with 6 or fewer units are included in this rule. If less time is given than required:

• For people who have lived in the unit up to 3 years, including people who have lived in the unit for under 6 months, the lease continues on the same terms for up to 60 days after the incorrect written notice was given, and
• For people who have lived in the unit more than 3 years, the lease continues on the same terms for up to 120 days after the incorrect written notice was given.

Evanston: All landlords must give 90 days' notice for all lease types. If less time is given, the tenant may stay 90 days at the same rental rate.

Mt. Prospect: All landlords must give 30 days’ notice for a month-to-month tenancy. If less time is given, the tenant may remain on a month-to-month basis. Written renewal agreements are required at the end of a lease term unless notice has been given.

Oak Park: Landlords must give 60 days’ notice for month-to-month tenancies and written rental agreements of any length.  If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. These rules do not apply to owner-occupied properties with 6 or fewer units, which have to make the exclusion clear in marketing and application materials.

Suburban Cook County: Landlords must give 60 days’ notice for month-to-month tenancies and written rental agreements of any length. If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. This applies unless the rental is excluded from the ordinance. A law or rule made by a local government like a town or city The owner must make the exclusion clear in marketing and application materials.

A month-to-month or week-to-week tenant usually must notify the landlord An owner of property who rents it out to a tenant at least one rental period before moving out. This means:

• For a month-to-month tenancy, the tenant provides notice before the final month starts, and
• For a week-to-week tenancy, the tenant lets the landlord know before the last week starts.

If there is a written lease, it may include additional requirements for giving notice. Follow these procedures.

Provide written notice, even when a lease does not require it. Keep a copy or photo of the notice. Written notice creates a record if a dispute arises.

The rules on how much notice a housing provider must give that a written rental agreement is ending and will not be renewed depend on where the property is located. If the tenant does not move out after the notice period ends, the landlord An owner of property who rents it out to a tenant must file an eviction case. Learn more about what happens after a case is filed in How eviction cases work.

Most of Illinois: For properties with a written rental agreement that automatically renews and does not have a specific end date:

• When the agreement automatically renews for another year, 60 days’ notice is required at any time within the four months before the last 60 days, and
• When the agreement automatically renews as a month-to-month tenancy, at least one rental period before a tenancy ends. 

Chicago: The amount of notice depends on how long the tenant has lived in the unit:

• 30 days if the tenant has lived in the unit for under 6 months,
• 60 days if the tenant has lived in the unit between 6 months and 3 years, and
• 120 days if the tenant has lived in the unit for over 3 years.

Owner-occupied properties with 6 or fewer units are included in this rule. If less time is given than required:

• For people who have lived in the unit up to 3 years, including people who have lived in the unit for under 6 months, the lease continues on the same terms for up to 60 days after the incorrect written notice was given, and
• For people who have lived in the unit more than 3 years, the lease continues on the same terms for up to 120 days after the incorrect written notice was given.

Evanston: All landlords must give 90 days' notice for all lease types. If less time is given, the tenant may stay 90 days at the same rental rate.

Mt. Prospect:  All landlords must give 60 days’ notice for a rental agreement. If less time is given, the tenant may remain on a month-to-month basis. Written renewal agreements are required at the end of a lease term unless notice has been given.

Oak Park: Landlords must give 60 days’ notice for written rental agreements of any length.  If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. These rules do not apply to owner-occupied properties with 6 or fewer units, which have to make the exclusion clear in marketing and application materials.

Suburban Cook County: Landlords must give 60 days’ notice for written rental agreements of any length. If less time is given, the tenant may stay 120 days after the improper notice was given at the same rental rate. This applies unless the rental is excluded from the ordinance. A law or rule made by a local government like a town or city To be excluded, the owner must qualify for an exception and have made the exclusion clear in marketing and application materials.

The amount of notice a tenant A person who rents a space must give that they do not want to renew a written lease depends on the rental agreement. If there is a written lease, check for:

• Any renewal terms, and
• Instructions about ending the lease.

Follow any notice requirements in the lease. Most written leases that renew include terms explaining how to end the lease. Look carefully for renewal provisions, which may be for:

• The same length as the original agreement,
• A different amount of time, or
• A month-to-month tenancy.

If the lease ends on a specific date and does not include a renewal option, tenants usually do not need to provide notice of their intent to move out. When written notice is not required, speak with the landlord An owner of property who rents it out to a tenant in advance to confirm.

Local laws require that tenants in Chicago, Evanston, Oak Park, and suburban Cook County have time to decide whether to renew a lease.

Most of Illinois: Check the lease for any requirements. There are no laws that provide specific guidance.

Chicago: Tenants must not be required to renew a rental agreement more than 90 days before their lease ends.

Evanston: Tenants must be given a renewal rental agreement at least 90 days before their lease ends. Housing providers cannot require the tenant A person who rents a space to renew the rental agreement more than 45 days before the current lease ends.

Oak Park: Tenants must not be required to renew a rental agreement more than 60 days before their lease ends.

Suburban Cook County: Tenants must not be required to renew a rental agreement more than 60 days before their lease ends.

Ask the housing provider whether a short lease extension is available. Write down, sign, and date any agreements. Keep copies of the completed papers.

If there has been a change in circumstances after notice has been given, such as trouble finding another place to live, ask the landlord An owner of property who rents it out to a tenant about options as soon as possible. Housing providers are not required to allow tenants to stay after:

• The date the tenant A person who rents a space told the landlord they plan to move out,
• The date on the notice the landlord served explaining that the lease would end and not be renewed, or
• Outside Cook County, the specific date a written rental agreement that does not automatically renew ends.

Once the end date has been set, the landlord may make plans to re-rent the unit, schedule repairs or remodeling, prepare to sell the property, or even move into it themselves.

Landlords responsible for public housing buildings must have good cause A legally acceptable reason to do something to refuse to renew a tenant's lease. This is the same standard as if they wanted to evict the tenant. Good cause can look like:

• Criminal activity that appears on the landlord's An owner of property who rents it out to a tenant background checks,
• Not paying on time,
• Lying on the application,
• Not accepting changes to the lease, or
• Not following the rules in the lease.

If a public housing lease is not renewed, the tenant can challenge the decision by filing a complaint or requesting a hearing.

Private housing providers do not have to give a reason for not renewing a lease. However, landlords cannot end a lease to retaliate against a tenant for protected conduct.

No, leases do not usually end just because a private building changes ownership. However, if there is a written rental agreement, read it carefully. Some written rental agreements give the landlord An owner of property who rents it out to a tenant the right to end the lease if they sell the property. 

A private landlord can sell their property while tenants are living in it. The new owner takes over as landlord:

• The agreements with tenants stay exactly the same, except for the new owner being the landlord,
• The new owner becomes responsible for any security deposits provided to the old landlord,
• The new owner must provide notice of their contact information (check with the county recorder’s office if there is any question about who owns the building),
• Rent must be paid to the new owner,
• The new owner is responsible for handling repairs, maintenance, Money the court orders one spouse to pay the other spouse after their divorce (formerly called alimony) and other concerns,
• The new owner must follow the rules for ending leases, and
• People whose leases do not automatically renew may be asked to sign a new lease with the new landlord or move out.

These rules do not apply to subsidized housing, including people who pay rent with a Housing Choice Voucher (HCV), or live in project-based or public housing.

People who want to end a lease due to a change in ownership can follow the instructions for Negotiating a move-out agreement without going to court. Tearing up a copy of the lease, marking it void, or refusing to pay rent will not end an existing lease.

If the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. is not returned on time, the tenant A person who rents a space can sue either landlord or both. The tenant can only recover the deposit from one of them. Different rules apply if the building is sold in foreclosure. When property is sold in a foreclosure or tax sale, the judge may also issue eviction A court case brought by a landlord to get a tenant to move out orders requiring tenants to vacate. Learn more about Foreclosure for tenants.

Ending a lease early is sometimes called “breaking a lease.” Getting out of a lease can be difficult unless both parties agree. 

Special legal protections can help with breaking a lease for: 

• Tenants who experience domestic violence,
• Tenants who are active-duty military,
• Tenants whose landlords fail to make emergency repairs (learn more about Lockouts and emergency rental repairs)
• Tenants who have followed the 14-day rental repair letter process, and whose landlord does not complete the necessary repairs (learn more about Rental repair rights and landlord access), and
• Mobile home park tenants, when park owners fail to comply with certain laws.

Unless a legal protection applies or the housing provider and tenant A person who rents a space agree, the tenant must pay rent for the entire lease term even if they move out early. The landlord can sue the tenant for unpaid rent based on the lease.

If no exceptions apply, and there is a written lease, check for any notice requirements or early termination When something ends clauses. An early termination clause explains what happens if the tenant decides to leave early. For example, some leases can be “bought out” for a specific payment based on when notice is given. 

The tenant can negotiate different terms with the housing provider. Learn about Negotiating a move-out agreement without going to court. However, if the tenant needs to leave early, the alternative to an agreement may be to pay the buyout amount under the lease.

Tenants who do not pay rent with a Housing Choice Voucher (HCV) may be able to sublet their unit to recover part of the cost.

Tenants who are survivors of domestic or sexual violence, or who face an imminent threat of such violence at their rental unit, can follow procedures under state and federal law to move quickly or have locks changed. Learn more about Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault.

Survivors can file for an Order of Protection to seek exclusive possession of the home. A judge can grant exclusive possession in an Order of Protection case. 

Learn more from:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Mobile home park tenants may end a lease early in certain situations. These rules apply when the park owner does not meet legal or lease obligations or when serious conditions affect the home.

Park owner does not follow the lease or the law: If the park owner does not follow the lease or the laws that apply to mobile home parks, the tenant may give written notice and end the lease during the first 30 days of living in the park. After the first 30 days, the tenant may end the lease only if the tenant stayed based on the park owner’s written promise to fix the problem.

Serious problem not fixed after notice: If there is a serious problem that affects how the home can be used, the tenant must give written notice to the park owner. If the park owner does not fix the problem within 30 days, the tenant may end the lease and move out.

Home is not livable or is dangerous: If a condition makes the home uninhabitable or creates an immediate threat to health or safety at the park, the tenant may end the lease and move out right away without giving advance notice. If the problem was caused by the park owner’s willful or negligent actions, the tenant may file a civil case. The court may order payment for damages. This can include the cost of temporary housing while the home was not livable.

These rules are in section 21 of the Mobile Home Landlord and Tenant Rights Act.

Yes, under the Servicemembers Civil Relief Act, tenants in the armed services are allowed to end a lease early if:

• They receive a permanent change of station, or
• A deployment order that will last at least 90 days.

Some tenants want to get out of a lease before moving in. This can happen for two reasons:

• The landlord An owner of property who rents it out to a tenant has not delivered possession on time, or
• The tenant A person who rents a space has changed their plans.

Delivering possession means that the tenant is given keys and can move in. If a tenant signs a lease and the landlord does not allow them to move in when the lease is supposed to start, the landlord has not delivered possession. Talk to a lawyer Someone who represents clients in courts or who gives legal advice about options if the landlord does not deliver possession. 

If the tenant changes their mind before the lease starts, ask the landlord to cancel the lease. The rules are different depending on the type of housing. 

Private landlords: The landlord does not have to agree to a tenant's request to cancel a lease because they changed their mind. When a landlord does not agree to cancel the lease, it may be possible to negotiate a move-out agreement without going to court. Subletting may also be an option for some tenants. Learn more about subleases.

Housing Choice Voucher (HCV) holders: If a tenant has a Housing Choice Voucher (HCV), the tenant must immediately notify the Public Housing Authority (PHA) as well as the landlord. The PHA must approve the move.

Mobile home parks: Mobile home parks must allow a tenant to cancel the lease in writing within 3 business days after signing, unless the tenant declines the right in writing or takes possession of the home or lot.

Yes, tenants must still pay rent on time after being served with a written notice that the lease is ending and will not be renewed. The obligation to pay rent on time until the lease is over stays the same unless:

• They withhold rent for reasons unrelated to the lease ending and not being renewed, or
• They agree with the landlord An owner of property who rents it out to a tenant to reduce or waive To give up a legal right or pardon a fee the remaining rent.

If the landlord accepts rent after the date specified in the notice as the lease end date, a new lease is created. Usually, this new lease is a month-to-month tenancy.

For help with legal questions about eviction, A court case brought by a landlord to get a tenant to move out use Get Legal Help to find local legal resources. 

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more about Protection from abuse.