What happens when a tenant dies in Illinois?

When your tenant dies, what happens to the lease? Tenant obligations transfer to next of kin or the tenant’s estate. You have the right to hold the estate accountable for unpaid rent. You can apply any security deposits toward that amount as well as damages and cleaning costs.

What happens if a leaseholder dies?

When a tenant dies before the lease term ends the tenant’s estate is responsible for the rent, unless the estate returns possession of the unit to the owner. However, if the tenant who died was on a month to month lease then the lease is deemed terminated 30 days after the last rent payment was made by the deceased.

Does a tenancy end when the tenant dies?

The tenancy becomes part of the deceased tenant’s estate and so must be dealt with by the Executor of the Will, until the Probate is granted. Once an Executor of the Will is appointed, they take over the rights and obligations of the agreement and continues to be liable for the rent until the end of the tenancy.

Can my Landlord Sue Me for lost rent in Illinois?

This is because Illinois requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent.

What happens to a rental property when a tenant dies?

The deceased tenant’s estate is legally responsible for rental payments until the lease expires. However, most landlords are interested in re-renting the unit as soon as possible and most executors don’t want to pay rent on an empty unit.

What are the tenant rights in the state of Illinois?

Illinois Landlord Tenant Rights 1 Evictions in Illinois. Nonpayment of rent – If rent is late, landlords can issue a 5-Day Notice to Pay or Quit. 2 Lease Termination in Illinois. Notice requirements. If a tenant wishes to break a lease, they must give the following amount of notice. 3 Housing Discrimination in Illinois. Protected groups.

What happens if you break your lease early in Illinois?

Early termination. Illinois tenants may legally break a lease early for the following reasons: Keep in mind that tenants who break their lease may be responsible for paying rent until the end of the original term. Illinois landlords are obligated to re-rent a unit in a reasonable amount of time.