Chicago, Ill., Mun. Code ch. 5-12 § 5-12-120

Subleases (Chicago Residential Landlord and Tenant Ordinance (RLTO))

In Force
Verified 9/18/2026 · Next check 12/17/2026
ChicagoSubletting, Assignment & Occupancy

Operative Text

Chicago, Ill., Mun. Code ch. 5-12 § 5-12-120
If the tenant terminates the rental agreement prior to its expiration date, except for cause authorized by this chapter, the landlord shall make a good faith effort to re-rent the tenant's dwelling unit at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. The landlord shall accept a reasonable sublease proposed by the tenant without an assessment of additional fees or charges.


If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of premature termination to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of premature termination to the termination of the initial rental agreement.


If the landlord makes a good-faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising costs incurred by the landlord in seeking to re-rent the dwelling unit.


(Prior code § 193.1-12; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p. 7196)
Source: Legislative text reproduced verbatim
Plain English

Under Chicago, Ill., Mun. Code ch. 5-12 § 5-12-120, when a tenant ends a lease early without a legally recognized cause, the landlord is required to make a genuine effort to re-rent the unit at a fair market rate and must accept a reasonable sublease the tenant proposes without charging extra fees. If the landlord successfully re-rents the unit, the departing tenant owes only the gap between the original rent and what the new tenant pays during the remaining lease period. If re-renting efforts fail despite good-faith attempts, the original tenant remains responsible for the full rent owed under the lease plus any reasonable advertising costs the landlord incurred.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Chicago, Ill., Mun. Code ch. 5-12 § 5-12-120 generally document their re-renting efforts—such as listing the unit at a rate comparable to similar units in the building or neighborhood—to demonstrate good faith. Compliant operators also review and respond to any reasonable sublease candidate a departing tenant proposes, and they do not impose additional fees or charges simply for processing that sublease request. Keeping records of advertising expenditures and rental inquiries helps substantiate any claim for costs against the departing tenant if the unit remains vacant.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Chicago, Ill., Mun. Code ch. 5-12 § 5-12-120 gives tenants who need to leave early the right to propose a reasonable sublease, which the landlord must accept without tacking on extra fees. If a landlord fails to make a genuine effort to re-rent the unit, that failure may limit what the landlord can recover from the departing tenant—a point that can be raised as a defense in a dispute over unpaid rent. Tenants seeking to understand how this provision applies to their situation may consult the Chicago Department of Housing or a local tenant-rights organization for general guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 14.577
ILLEGAL RENTALS, OCCUPANCY LIMITS AND NO SUBLETTING
§ 283
Occupancy permitted
§ 47a-24
(Formerly Sec. 52-532a). Action by cooperative housing corporation.

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