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An Illinois sublease agreement is a legal document where an original tenant (sublessor) and a new tenant (sublessee) establish that the latter can occupy an entire leased property or a portion for a certain period in exchange for periodic payments.

This document allows original tenants to sublet a unit for different reasons, either because a significant financial burden affects rent payments or because they need to be away for some time but do not want to break the terms of the original lease agreement.

In either case, it has legal status in Illinois and is governed by a few rules that all potential sublessors should be aware of before beginning this process.

Sublease Agreement

The Illinois sublease agreement is a legal instrument that can protect both the original tenants and the subtenants since it establishes that both parties have the same rights and responsibilities detailed in the first agreement.

In other words, a sublease document does not nullify the terms that were set forth in the original lease agreement. However, it's a legal contract that includes rules, limitations, restrictions, and clauses that both parties must abide by.

Sublease agreements are designed for tenants whose finances have been affected for one reason or another and who may be having trouble paying rent. It is also a good choice for those who need to move to another location temporarily or permanently but hope to avoid penalties for breaking the original contract.

However, all tenants should be aware that not all landlords allow a property to be sublet. Therefore, before drafting the sublease agreement, it's essential to verify that all parties agree.

What to Include

In order to draft a fully legal Illinois sublease agreement, the potential sublessor must ensure that it includes all sections that must be covered under state law, including:

  • Name of all parties involved: Standard lease contracts only include the name of the sublessor and the sublessee. However, sublease contracts must include the name of the landlord.
  • Sublet area: The document also makes it clear which sublet areas the subtenant may have access to. Both parties can agree on a percentage or add a checkbox that indicates if the entire rental property is available or only part of it.
  • Sublease agreement terms: In this section, you must detail all the terms and conditions of the sublease, including the period in which the subtenant will be able to occupy the unit or the rules.
  • In sublease contracts, both parties also have to agree on the rules the sublessee must abide by. This way, the subtenant does not violate any regulations stipulated in the original lease.

Does an Illinois Sublease Agreement Ned Landlord's Consent?

Illinois law states that, in some cases, the landlord or any entity in charge of the property must approve the sublessee before the process begins.

The sublease agreement may have to be presented to the landlord in order for the sublease to be considered valid. If the landlord’s consent is a requirement established by the original lease, then the sublease agreement should state this clearly.

How to Write One

Tenants who plan to sublet to rental property should check to see if the master lease (also known as the original lease agreement) allows them to do so.

After that, if there is no term prohibiting this action, they must follow these steps to draft the sublease agreement under the state's subletting laws:

  • Identify the sublessor, sublessee, and landlord (if applicable)
  • Detail the lease terms
  • Clarify the sublease period
  • Set financial duties
  • Give information about the security deposit
  • Date and sign the document
  • Attach the original lease (copy)

Special Laws

In this state, there are no specific subletting laws as long as the original lease does not prohibit such action. If no clause prohibits the tenant from renting a leased unit to someone else, the terms of the first lease remain the same.

However, Illinois requires sublessees to submit a written confirmation informing them of the sublease process and obtain their consent before signing the agreement.

Sublessors

The sublessor is responsible for all the same things as the landlord in the original lease. In other words, they must ensure that the sublessee meets the rent payments on time and that the property is in optimal condition.

In addition, anyone who sublets a leased space must return the security deposit within 21 days before the subleasing period ends and give written notice to the subtenants if there's an eviction order.

Build Your Own

Do you want to draft a sublease agreement but don't know how? DoorLoops has all the tools you need. Whether you want to save time or think writing the document is too complicated, it can give you a hand. Here are some free templates to make the process much easier:

What Is DoorLoop?

DoorLoop was created in response to a growing need for a platform to help manage rental businesses. You can use the software to run background checks, create professional leases, and track rental payments on one intuitive platform.

To see it at work for yourself, schedule a free demo.

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

A sublease contract can protect you and the other party against potential legal issues that may arise during the process. Also, it's the document where both parties can establish their rights and responsibilities. However, you must be sure that you comply with the laws of Illinois!

FAQs

What Happens If the Sublessee Does Not Pay Rent?

Not paying rent could result in possible eviction.

Who Should Pay the Landlord?

Subtenants must pay rent to original tenants who collect the amount before paying the landlord.

Is Subletting an Entire Space Legal in North Carolina?

Yes, as long as the original tenant obtains consent to sublet, they can rent the entire space or just a portion.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!