Illinois Agreed Termination of Lease and Surrender of Premises
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FAQ
When Breaking a Lease Is Justified in Illinois § A§ 501 and following.) You must be part of the "uniformed services," which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.
You Have Been the Victim of Domestic Violence or Sexual Violence. 765 ILCS §750/15, also known as the Safe Homes Act, is an Illinois law that allows victims of sexual or domestic violence to break a lease without owing rent for the remaining term.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Normally, neither the tenant nor the landlord can change their mind and get out of the lease before it ends, unless the other side agrees. But both parties can agree to end the lease early by a written agreement. If no agreement is reached, the tenant must pay rent for the full lease term, even if they move out.
Notice to terminate must be given at least four months before the end of the term. In all other lease agreements for a period of less than one year, a party must give thirty days' written notice. Any notice given should call for ter- mination on the last day of that rental period.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
In general, you can only end the tenancy early if your landlord agrees. Your landlord does not necessarily have to do so. You will remain responsible for paying the rent until the end of the tenancy contract or the next break clause point.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
