An Illinois sublease agreement allows a current tenant to rent out (or sublet) their leased property to another tenant (or subtenant). A sublease can cover just one room of a rented property or the entire property.
Although the subtenant is subject to the same terms and conditions of the original lease agreement, the actual tenant is still responsible for property damage or breaches of the lease agreement by the subtenant.
If a lease doesn’t mention subletting or explicitly permits it, the tenant is free to enter a sublease agreement without further permission from their landlord. On the other hand, if the lease states that landlord permission is required (or expressly bans subletting), the tenant will breach their original lease if they enter a sublease agreement without the landlord’s consent.
Laws & Requirements
Sublease and Assignment Provision Laws: No.
Landlord-Tenant Laws: (765 ILCS 705/) Landlord and Tenant Act.
Security Deposit Obligations: The security deposit must be returned within 45 days of the end of the sublease.
Notices: In Illinois, sublessors must provide subtenants five days’ written notice to pay rent or leave. They also need to give the following day’s written notice of the intent not to renew the sublease and/or original lease, depending on how often rent is paid: seven days for a tenancy where rent is paid weekly, 30 days for a tenancy where rent is paid monthly or quarterly, 60 days for a tenancy where rent is paid yearly.
Below, you can download a free Illinois sublease agreement template to start creating your contract.