Legal Question in Landlord & Tenant Law in Illinois

I would like to know if I can deduct the lost rent I incurred when my subletter broke the lease agreement and I had to find a new roommate on a moment's notice? It was a month to month agreement and I gave her 30 days notice on July 1st to be out by August 1st. She chose to move out that weekend. I was unable to fill her room until July 14th. She broke the lease by giving her key to the house to a friend that we had never met, never announced him nor approved his stay, and he walked in our home unaccompanied in the middle of the night. She was no where to be found or reached. I almost called the cops because I thought he was an intruder. He was made to leave and leave the key. I gave her notice the very next day. We had an oral agreement about no guests unaccompanied or unannounced, and I have texts that also have this agreement established.


Asked on 11/12/13, 8:26 pm

1 Answer from Attorneys
Stephen Messutta

Without reading the entirety of your email, which may require additional information to be able to discuss properly, your basic question is whether a subtenant can be held liable for damages you incur as tenant when the subtenant breaches the sublease leaving you with no rental income to continue to pay your obligation under your main lease. The answer is yes, in general. Proving it, and dealing with the costs of a lawsuit (and attorney fees, if any), may or may not be cost effective.

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Answered on 11/14/13, 10:50 am


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