How to sublease in Chicago: the rules, fees and checks

In Chicago, if you have to move out early, your landlord has to accept a reasonable sublease that you propose, and can't charge you an extra fee for it. You still owe the rent until someone takes over, and you stay responsible for the lease after they do. A relet is a different deal: the newcomer applies to the landlord and signs their own lease, and a fee may come with it. So the first thing to ask is which one you're being offered. Owner-occupied buildings with six units or fewer are outside this rule, and there the lease decides (source 1).

Can you sublease your apartment in Chicago?

Chicago's Residential Landlord and Tenant Ordinance (RLTO) puts the rule in one short section. If you end your lease early, the landlord has to make a good-faith effort to re-rent your place at a fair rent, meaning what similar units in the building or the neighborhood rent for. The same section then says:

The ordinance doesn't define "reasonable," but one Chicago law firm reads it as a subtenant who meets the landlord's usual objective standards, like income, credit and rental history (source 13). Fair housing law still applies, so the landlord has to judge your subtenant by the same criteria as every other applicant (source 4).

Your lease matters too. Illinois Legal Aid Online says Chicago requires landlords to allow subleasing unless you live in an owner-occupied building with six units or fewer (source 3), and the RLTO says a lease can't take away a right the ordinance gives you (source 1). Where Chicago's rule doesn't apply, the Illinois State Bar Association says a lease that bans subletting is enforceable (source 8). So read your lease and ask your landlord in writing, and never sublet behind their back, because Illinois Legal Aid Online warns that subletting against a lease that bans it can get both you and your subtenant evicted (source 3).

Sublease, relet or breaking the lease: what's the difference?

Listings often say "sublet" for all three, but they're different deals, and the difference decides who owes what.

What do you still owe if you leave early?

Leaving doesn't end what you owe. If the landlord re-rents your place at a fair rent, you owe the difference between your old rent and the new one, up to the date your lease would have ended. If the landlord tries in good faith and can't find anyone, you owe the rent for the rest of the lease, plus the landlord's reasonable advertising costs (source 1).

A sublease doesn't change that either. The Illinois State Bar Association says the original tenant stays responsible unless the landlord releases them (source 8). So if your subtenant stops paying, the landlord can still come to you. And if rent goes unpaid, Illinois Legal Aid Online says the landlord can serve the notice on you and everyone living there, whether or not your subtenant paid you (source 7).

Outside the RLTO, Illinois law still asks landlords to take "reasonable measures" to limit their losses when a tenant leaves (source 11). It's a looser rule than Chicago's, and the statute doesn't spell out what counts.

Can a landlord charge a sublease fee?

For a sublease you propose, in a building the RLTO covers, no: the ordinance says the landlord must accept it "without an assessment of additional fees or charges" (source 1).

A relet is where fees come back in. In a 2015 case, a tenant found a replacement, the landlord signed that person to a new lease, and charged a $250 "administrative charge." The Illinois Appellate Court let the fee stand because the deal was a new lease, not a sublease the tenant proposed. It also said a fee for accepting a real sublease would likely break the ordinance (source 2). That order isn't binding precedent, so read it as how one court saw the rule, not as the rule itself.

The new Illinois fee law, which starts Jan 1, 2027, doesn't list sublease or relet fees among the fees it bans (sources 9, 10). It does cap application fees at $50, ban fees to change or renew a lease and require every fee you can't opt out of to be on page one. Whether any of that reaches a relet fee hasn't been tested. More in our guide to the Illinois rental fee law.

So before you pay anything, ask the landlord in writing three things: is this a sublease or a relet, what is the fee for, and, on a lease signed from Jan 1, 2027, is it on page one?

Which buildings and leases aren't covered?

• Owner-occupied buildings with six units or fewer. The RLTO doesn't govern them, apart from the landlord's notice before a lease isn't renewed and the ban on lockouts, so the sublease section doesn't apply and your lease decides (sources 1, 6).
• Housing Choice Voucher tenants. Illinois Legal Aid Online says they can't sublease (source 3).
• Some school housing. Certain dorms and student housing run by a school are outside the RLTO (source 1).
• Leases outside Chicago. Oak Park, suburban Cook County and some other Illinois towns have their own rules, so this guide covers Chicago only.

Subleasing your room when you move out: three steps

1. 1.Read your lease, then ask in writing. Find the clause on subletting, then send the landlord a written request that names the person you're proposing. The ordinance's no-fee rule is about a sublease you propose (sources 1, 2).
2. 2.Remember that you stay on the lease. Your subtenant pays you, and you pay the landlord. If they stop paying, you still owe the rent (source 8).
3. 3.Put the deal in writing. Illinois Legal Aid Online's advice for any change to a lease is to write it down, sign it and date it (source 5). Ask the landlord whether any fee applies, and what it's for, before anyone pays.

If you share the lease with roommates, they're living with your subtenant too. Our guide on who should be on the lease covers subletting to a roommate and adding or replacing a roommate mid-lease.

Taking a sublet: what to check before you pay

As a subtenant, you usually have no lease with the landlord, so the checks are on you.

• Get the landlord's written approval first. Ask the person subletting for it, or contact the landlord or manager yourself, before you pay anything (sources 3, 8).
• Check who owns the building. Illinois Legal Aid Online suggests looking up ownership with the county recorder of deeds, searching reviews of the landlord and manager, and reverse-image searching the listing photos (source 4).
• See the place in person. The FTC warns that scammers push you to decide fast and ask for money before you've seen the place (source 12).
• Pay in a way you can trace. Scammers ask for wire transfers, gift cards or crypto, the FTC warns, and Illinois Legal Aid Online adds cash to that list and says a "holding deposit" (a payment to hold the place) can be a scam too (sources 4, 12).

If something goes wrong, the FTC says to report it to local police, the website where you found it and ReportFraud.ftc.gov (source 12).

What should a sublease say?

We found no official checklist, so this is our own list, built from Illinois Legal Aid Online's advice to get agreements in writing (sources 3, 5):

• Both names, the address, and which room if it's a room.
• The start and end dates, ending no later than the original lease.
• The rent, when it's due, who it's paid to and how.
• That the original tenant stays on the lease, and that the landlord collects from them.
• The deposit: how much, who holds it, and when it comes back.
• Utilities and internet, and who pays each one.
• A copy of the original lease and the landlord's written consent.
• The condition of the place at move-in and move-out, with photos.

One more thing to know before you collect a deposit: the RLTO's definition of "landlord" includes a sublessor, so a tenant who sublets may take on some landlord duties (source 1). That's our reading, with no case on it, so ask a tenant attorney.

A sublet with roommates already in place means living with people you didn't pick, so if you'd rather choose, Xzerno, a free-to-use roommate app for Chicago, helps you find someone whose habits fit yours before you sign anything together. And if you're timing a move, read when to look for a room in Chicago.

Frequently asked questions

Sources

1. 1City of ChicagoMunicipal Code ch. 5-12, Residential Landlord and Tenant Ordinance (sections 5-12-020, 5-12-120 and 5-12-140; section 5-12-030 read 2026-10-16) · read Oct 22, 2026Read Oct 22, 2026
2. 2Illinois Appellate CourtBorczon v. Peak Properties, 2015 IL App (1st) 142302-U (Rule 23 order, Mar 31, 2015) · read Oct 22, 2026Read Oct 22, 2026
3. 3Illinois Legal Aid OnlineSpoken and written leases (revised Mar 25, 2026) · read Oct 22, 2026Read Oct 22, 2026
4. 4Illinois Legal Aid OnlineApplying for rental housing (revised Mar 25, 2026) · read Oct 22, 2026Read Oct 22, 2026
5. 5Illinois Legal Aid OnlineEnding a lease (revised Mar 25, 2026) · read Oct 22, 2026Read Oct 22, 2026
6. 6Illinois Legal Aid OnlineChicago Residential Landlord Tenant Ordinance (revised Mar 26, 2026) · read Oct 22, 2026Read Oct 22, 2026
7. 7Illinois Legal Aid OnlineDealing with unpaid rent (revised May 5, 2026) · read Oct 16, 2026Read Oct 16, 2026
8. 8Illinois State Bar AssociationYour Guide to Landlord-Tenant Law (2024) · read Oct 22, 2026Read Oct 22, 2026
9. 9Illinois General AssemblyPublic Act 104-0479 (adds 765 ILCS 705/35) · read Oct 21, 2026Read Oct 21, 2026
10. 10Illinois Legal Aid OnlineRental junk fee ban FAQ (last reviewed Sep 11, 2026) · read Oct 22, 2026Read Oct 22, 2026
11. 11735 ILCS 5/9-213.1landlord's duty to mitigate (statute text via rulesofcivilprocedure.com) · read Oct 22, 2026Read Oct 22, 2026
12. 12Federal Trade CommissionRental listing scams (updated June 2026) · read Oct 22, 2026Read Oct 22, 2026
13. 13Brabender LawChicago sublease laws (undated) · read Oct 22, 2026Read Oct 22, 2026