How does subleasing work in Chicago?
Subleasing in Chicago works similarly to other cities in the country. A tenant who sublets is responsible for the terms of their original lease agreement with their landlord even if they rent out all or a portion of their rental unit to a subtenant. Rent is typically paid by the subtenant to the original tenant, who then pays the landlord.
Before subletting your Chicago rental unit, make sure your lease agreement allows subletting. It is common for Chicago landlords to prohibit subleasing or to require written consent. Once subleasing is permitted, you need to find a suitable subtenant and draft a sublease agreement that specifies the rent amount, security deposit, move-in date, and duration of the sublease. As part of the sublease agreement, the original lease agreement should also be incorporated.
The landlord must be informed in writing before the subtenant moves in, otherwise they could be evicted. As part of the lease addendum or sublease agreement, the landlord may also require the subtenant to undergo a credit and background check.
A subtenant is responsible for paying rent during the sublease period, complying with the terms of the original lease agreement, and ensuring that the original tenant does the same. The original tenant may be held liable if the subtenant breaches the sublease agreement or damages the rental unit.
You should always consult with a local attorney or housing authority before entering into a sublease agreement in Chicago because subleasing laws and regulations vary by state and locality. Suleasing in Chicago is also governed by specific rules, which include landlords registering their units with the city and disclosing certain information to tenants.