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Bill > HB5292


IL HB5292

IL HB5292
TENANT-TERMINATION OF LEASE


summary

Introduced
02/05/2026
In Committee
02/10/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Landlord and Tenant Act. Provides that a tenant of a residential lease whose residential unit, dwelling, or common areas in the tenant's building is in violation of any applicable health or safety codes because of the fault of the landlord may terminate a lease without penalty or liability by providing the landlord with at least 30 days' written notice. Provides that "fault of the landlord" also means a failure to timely remove any violation of applicable health or safety codes. Provides that on the death of the tenant or if there is more than one tenant, upon the death of all tenants, the landlord or the representative of the tenant's estate may terminate the lease upon at least 30 days' written notice to the other party. Provides that after the lease agreement was entered into, a tenant or the legal representative of a tenant who has been determined to need long-term, full-time care may terminate a residential lease without penalty or liability by providing the landlord with at least 30 days' written notice and include an explanation of the reason and expected length of time for the tenant's departure. Provides that on termination of the lease, if any rent payment was made in advance, the landlord must return any unearned portion and security deposit paid, except to the extent that there are actual damages or repairs to be paid from the security deposit as provided in the lease agreement. Prohibits any attempted waiver or waiver provision in a lease agreement of the right to terminate is null and void. Prohibits any lease provision or agreement requiring a longer notice period than required by the Act is null and void, unless the landlord and tenant or tenant's personal representative agree to modify other specific provisions of the Act. Provides that the amendatory Act applies to leases executed on or after its effective date.

AI Summary

This bill amends the Landlord and Tenant Act to provide tenants with more flexibility in terminating residential leases under specific circumstances. Firstly, a tenant can break their lease without penalty if their living space or common areas violate health or safety codes due to the landlord's fault, which includes failing to fix such violations promptly, by giving the landlord at least 30 days' written notice. Secondly, in the event of a tenant's death, or the death of all tenants if there are multiple, the landlord or the tenant's estate representative can terminate the lease with at least 30 days' written notice. Thirdly, a tenant or their legal representative can terminate a lease without penalty if the tenant requires long-term, full-time care, provided they give the landlord at least 30 days' written notice and explain the reason and expected duration of their departure. If a lease is terminated under these provisions, landlords must return any unearned rent and security deposits, minus any legitimate deductions for damages or repairs as outlined in the lease. Importantly, any lease clauses that try to prevent tenants from using these termination rights or require longer notice periods than specified in the bill are considered invalid, unless both parties agree to modify other specific parts of the law. These changes will apply to leases signed on or after the bill's effective date.

Sponsors (1)

Last Action

Referred to Rules Committee (on 02/10/2026)

bill text


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