Moving Out: Your Rights and Responsibilities (City of Chicago)
These frequently asked questions set forth your rights under Chicago's Residential Landlord and Tenant Ordinance, a set of local laws that provides you with many important protections. If you live in Chicago, the Ordinance governs your tenancy unless you reside in:
- An owner occupied building containing less than seven apartments;
- A hotel, motel, inn, rooming house, or boarding house (unless you have resided there for more than 31 days and pay rent on a monthly basis); or
- A hospital, convent, monastery, school dormitory,temporary overnight or transitional shelter, cooperative, or
- A building owned by your employer (assuming your right to live there is conditioned upon you being employed in or around the building).
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.
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. For more
information, see the Leases and Subleases Guide.
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 Guide 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 Guide 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. For more information, see the Leases and Subleases Guide.
What if my landlorddoesn'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. For more information, see the Leases and Subleases Guide.
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. For more information, see the Leases and Subleases Guide.
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 Guide for more information.
Please Note: This information, originally 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.
