How To Sublet Legally In Illinois

According to Illinois Law, you have the right to sublet if your lease pre-approves you and you get permission from your landlord. The law in Chicago is more tenant-friendly and guarantees your right to sublet your apartment at no additional cost.

Ready to get a subtenant without the risk of doing it illegally? Follow these steps.

1. Check your lease

Most likely, your lease contains a clause that requires you to obtain your landlord’s approval prior to subletting. Look for a term called "sublets and assignments." The following steps will loosely mirror the instructions that should be written in this section of your lease.

If your lease makes no mention at all of subletting then, according to Illinois case law, you can assume that you are allowed to do so as long as you get formal approval. In this case, you should also follow the steps below.

2. Request approval

While it is usually fine to email your request, a formal letter will put you in a stronger position should anything go wrong. Send a letter to your landlord via certified mail, return receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself.

If you haven't found a subtenant yet, you can leave out the specifics about who will be replacing you for now. Just say that you will find someone qualified and will send their application as soon as it's ready.

If you do already have someone in mind then your letter should include the following information:

• The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
• The name of the proposed subtenant or assignee
• The permanent home address of the proposed subtenant or assignee
• Your reason for subletting or leaving permanently
• Your new address during the sublease if applicable
• The written consent of any co‑tenant
• A copy of the proposed sublease

You can also include a form of the sublease that you intend to use.

3. Make sure your subtenant is qualified

Your landlord really does have the right to deny your request if you find someone who is less desirable as a tenant than you. Make sure to find someone who meets the same screening standards that you had to meet in order to get your lease.

4. Wait for approval.

There aren't any outright laws in Illinois that tell you or your landlord how to approve a sublet or on what timeline, so you'll need to use common sense. If it's been a few days since they've received your request, follow up by phone or email.

If your landlord rejects your request, know that they can only refuse proposed subtenants based on legitimate factors. Legal grounds for refusal may include:

• The financial responsibility of the proposed assignee or subtenant.
• Intended use of the property.
• The legality of the proposed use.
• The nature of the occupancy.
• The compatibility of the tenant’s use with the uses of the other tenants.

5. Sign a sublease and get a security deposit

Remember just because you aren’t living in the place anymore, doesn’t mean that you aren’t held accountable to the terms of your lease. It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken.

Related articles