Landlord recourse for enforcing lease length terms

[Cindy Descamps]

I have been working at being a landlord for about 5 years now, in Illinois. I am small with only 12 units in three buildings thus I am doing all the land lording myself. My lease is a 12 month lease. My lack of understanding is how to enforce the terms of the lease length. I don’t quite understand how the land lord can force a tenant to stay the full term? Or what the landlord’s recourse is if a tenant leave before term end? With or without proper notice. I have some very long term tenants but there are a few units that seem to have a revolving door on them. This brings me to wondering if a month to month would be a better option. Any guidance would be greatly appreciated. 

[John T.]

The landlord cannot force a tenant to stay for the full term of the lease.

The rights and liabilities between the parties for early termination of a lease are governed by State law and the Lease Agreement. Under certain circumstances the Tenant may have the right, without penalty, to terminate a lease early. In my state, a tenant may terminate a lease early in cases of family violence, sex offenses, stalking or military service. The Lease Agreement that I use provides that if the Tenant wrongfully terminates the lease early, the Landlord is entitled to pursue any legal remedy, including filing a lawsuit against the Tenant to recover lost rent and the cost of reletting the Property.

When a Tenant notifies me that the Tenant is terminating the lease early, I document the fact via email and by regular U. S. Mail. Typically, my email says something similar to: "The expiration date of your lease is __________. We have received your notice that you intend to terminate the lease early. We do not agree or consent to your early termination of the lease. If you surrender the Property before the expiration date of your lease, you will be in default under the Lease. Landlord is entitled to pursue all available remedies for Tenant’s breach." My letter sets forth the same content, but in more detail.

The last time a Tenant terminated the lease early, I satisfied my damages (“cost of reletting”) out of the Tenant’s security deposit.

You should study your State statutes and your Lease Agreement and follow the law in your State.