Illinois Sublease of an Apartment - Real Estate Rental

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US-00408BG
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An sublease is an agreement by which a lessee or tenant of rental property rents out some or all of the property to another tenant (e.g., sublessee). A sublease is a contract transferring some of the original tenant's rights to a new tenant.
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FAQ

Tenants in Chicago have the right to sublease if the property is subject to the RLTO. A landlord can require permission for the tenant to sublease, but that permission may not be unreasonably withheld.

Illinois tenants are generally allowed to sublet, unless their lease specifically prohibits it. But in Chicago, subletting is always legalno matter what the lease says.

Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.

In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.

How to Sublet Your ApartmentCheck your local laws.Choose a qualified subtenant.Request a rent deposit from your subtenant.Finalize a sublet agreement.Get your landlord's approval.Collect and store a security deposit.Set up rent payments.

You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.

Follow these steps.Check your lease. Most likely, your lease contains a clause which requires you to obtain your landlord's approval prior to subletting.Request approval.Make sure your subtenant is qualified.Wait for approval.Sign a sublease and get a security deposit.

A tenant's right to sublet depends on the leaseIf a lease says subletting is allowed, or does not address subletting at all, a tenant is free to sublet their unit to someone else. If a lease prohibits subletting, that provision is valid, and the tenant may not sublease their home.

In Illinois, there is no law requiring landlords to allow sublets. But your lease may address it, so you should read that first. Also, local laws may require your landlord to allow sublets.

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Illinois Sublease of an Apartment - Real Estate Rental