Moving Out – FAQ
NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.
Do I have to tell my landlord I am moving if I have a written lease?
No. Your lease sets forth the date on which it ends, and you are supposed to move on that date unless you and your landlord agree to renew your lease agreement.
Please refer to Leases for more information.
What if I do not have a written lease?
If you pay rent on a monthly basis, you must give your landlord 30 days written notice that you are moving out. Otherwise, you can be held liable for another month’s rent. If you pay rent on a weekly basis, you give your landlord 7 days written notice that you are moving. Otherwise, you can be held liable for another week’s rent.
Please refer to Leases for more information.
Can I use my security deposit to pay the last month’s rent?
Not unless your landlord agrees to let you do this. If you reach such an agreement with your landlord, make sure you get this agreement in writing. A security deposit is not rent. You may get evicted if you treat like rent without your landlord’s written permission.
Please refer to Security Deposits for more information.
Is there anything I can do before I move to make sure I get back my security deposit?
Yes. Clean the apartment, repair any damage you caused, and take pictures of the apartment to verify its condition. You should ask the landlord to:
* Walk through the apartment with you just before you move out; and
* Sign a statement verifying the condition of the apartment.
Please refer to Security Deposits for more information.
What if I move out after the day I am supposed to move?
You may become responsible for an additional month’s rent. For instance, if you are supposed to move on the last day of January, but you don’t actually move until February 2, your landlord may be able to hold you responsible for the February rent.
What if I leave my property behind when I move out?
Your landlord must leave the property in the apartment or store it somewhere safe for 7 days. If the property is not worth the cost of storage, however, he/she can throw it away immediately.
Can I break my lease before it ends?
Only if your landlord agrees to let you out of the lease or violates your rights under the Chicago Residential Landlord and Tenant Ordinance. If You want to break the lease because your landlord has violated your rights, contact an attorney.
Please refer to Leases for more information.
What if my landlord doesn’t let me break the lease, but I still move out before the lease ends?
Your landlord must make a good faith effort to re-rent the apartment. If he/she’s unsuccessful, you remain responsible for the rent. If he/she rents it for less than what you were paying, you remain responsible for the difference.
Please refer to Leases for more information.
Can I sublet my apartment?
Yes, and your landlord cannot charge you any subletting fees. Furthermore, if your landlord does not let you sublet to a suitable person, you don’t have to pay rent for the period that begins when the subtenant was willing to move in.
What if my subtenant does not pay the rent?
You become responsible for it.
What happens to my security deposit when I Sublet?
The landlord is entitled to hold your security deposit until the end of the lease, so you should either:
* Ask your landlord to return your deposit and collect a new one from the subtenant; or,
* Collect a security deposit from the subtenant yourself.
The landlord cannot keep a deposit from both you and the subtenant if the total amount of the deposit exceeds the amount listed on the lease.
Please refer to Security Deposits for more information.
Please Note: This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicagoís Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.
Still can’t find the answer? Send us your questions. Please allow several days for a response.
My landlord was very flaky the whole year. I had to remind him plenty of times before anything was fixed. Our toilet kept overflowing and I left him several messages about it (which he is denying ever receiving). finally, while we were at work, the tenant below us called him about a leak into his bathroom, and we had to get a new toilet. He tried to blame us for not telling him about the problem and almost tried to make us pay for the new toilet (which came a week later so we had no toilet for a week). Later the tenant complained about water damage in his bathroom and again we were not home, so I gave the landlord permission to check it out. He called and said that our sink drains were broken and it caused major damage underneath us. My lease was up in august but he has pt us on a temporary month-to-month until we were able to sign a new lease. Now he gave me a letter that he decided not to renew my lease because “I am negligent.” I couldn’t have told him there were faulty pipes if water never overflowed into our bathroom and our sink worked perfectly. He is trying to take out the money for the damage from the security deposit. Because he is already kicking me out, I do not want to pay October’s rent, but make him keep the security deposit instead. Is it legal for him to kick me out like this? I have paid rent on time every month and let him know immediately when I found problems with the apartment. Please advise.
From what you write, it appears as though you never put your repair concerns in writing. Your landlord may be retaliating against you, but because there have been no written complaints or calls to the city, it would be difficult to prove.
As for your security deposit. It appears that your landlord’s neglect of the plumbing in the bathroom is responsible for the damage. 1. Take pictures of this both now and when you move out. 2. Write to your landlord now – a certified letter – explaining the repair problems in your apartment as they have developed, your response to them (phone calls and messages) and his response (or lack-thereof.)
If your landlord would like you to move, he must give you a 30 day written notice, since you are on a month to month lease. You still must pay your October rent. If you fail to do so, your landlord could successfully sue you for it, regardless of whether or not he chooses to keep your security deposit.
Once you’ve moved out, your landlord must provide you with an itemized invoice within 30 days if he intends on keeping your money. If he sends one with damage you did not do, or you do not receive one, call our Hotline for referrals to attorneys. If he illegally keeps your deposit, you can sue for double your deposit plus attorneys fees. Many of our attorneys may take your case pro-bono if the case is solid (you took pictures, have all the documentation, etc.)
In order for there to be retaliation that is actionable, the Chicago Residential Landlord and Tenant Ordinance does NOT require any written notice…..surely, written notices or requests (where the tenant keeps a copy for themselves) is better that no such writing, but verbal demands only do not prevent actions by the tenant for damages for retaliation.
Certified Mail, Return Receipt Requested, is usually thought of as the best way to communicate with a landlord in writing; however, landlords who are not inclined to follow the law seldom, in my experience, accept or pick up Certified Letters. Try in addition, a certificate of mailing, or personal delivery to the landlrod with a witness, etc.
My lease is up september 30th and my landlord began showing my apartment the 1st week of september to potential renters. She shows the apartment without notice and just comes by ringing the bell before she enters. She called this morning to tell me that she will be showing my apartment 4 times today eventhough I’m at work. She sas that she can hold our security deposit if I do not comply bcus I am stopping her from renting out the apartment in a reasonable amount of time. Isn’t this illegal? What can I do? I live in west suburban berwyn, illinois.
I am not sure if Berwyn has laws governing this situation. Are there any clauses in your lease that talk about landlord entry. If there are, they might help to clarify the situation. Illinois law does not give permission to the owner to enter. It gives the sole right of possession to the tenant, therefore the landlord needs permission to enter. As for keeping your security deposit, the landlord can only keep the deposit for damages.