Subletting in Chicago

Subletting in Los Angeles is legal, but make sure you follow the right procedure.
Written by Payton Ternus
Reviewed by Melanie Reiff
background
You are legally allowed to sublet your apartment under
Illinois
law, even if your lease and landlord prohibit subletting.
Chicago is full of wonderful opportunities, and some of them can temporarily take you away from your home base. You might be stuck with this question: how can I get out of paying rent while I’m gone without breaking my lease?
One answer to your question is subletting the apartment while you’re gone. Chicago is a very renter-friendly city, and you have the legal right to sublet an apartment even if your lease doesn’t allow subletting. 
The
car and home insurance
super app
Jerry
has put together this guide of everything you need to know about subletting your Chicago apartment.
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It is legal to sublet an apartment in Chicago. In fact, renters in Chicago are given the explicit right to sublet an apartment even if their lease or landlord says no
If a tenant signed a lease that prohibits subletting, it is not enforceable under Chicago city law. If the lease allows subletting only with the landlord’s permission, it may be enforceable—but if the tenant proposes a reasonable subletting option, it may be illegal for the landlord to deny it.

Can my landlord reject my sublet tenant?

Yes, your landlord can technically reject your sublet tenant. However, Illinois law says the landlord has to accept your proposed subtenant unless it can be proven they will put your landlord’s business at risk.
If there is no evidence that the subtenant cannot reliably pay rent, your landlord does not have the grounds to reject the subtenant.
MORE: A road trip from Chicago to Seattle

How to sublet an apartment in Chicago

It might seem intimidating to sublet an apartment if it’s your first time, but the process is pretty straightforward. You’ll be good to go if you follow these steps.

Get the okay from your landlord

Even though Chicago gives renters the right to sublet their apartments, you will want to get your landlord to sign off on it. Make sure you do this a decent amount of time before the beginning of the sublet, usually at least 2 weeks is sufficient.
You should explain the reason you want to sublet the apartment, and ask the landlord to clarify any conditions they will have. This notice should be formal and direct in order to get your point across and help your landlord be confident in your ability to find a quality subtenant.

Find a subtenant

Now it’s time to find a subtenant for your apartment! If you already have one lined up, you can skip this step. 
To find a subtenant for your apartment, you can post on websites such as:
Keep in mind that the two most important factors in finding a subtenant will be credit score and income. Be sure to specify other requirements, including how long they will be subletting your apartment. 

Screen applicants’ background and income

The Windy City has a large population, so it shouldn’t be too difficult to get applicants to sublet your apartment. You can phase out anyone with lower income or credit scores than you right away because it is likely your landlord will reject them if they are less financially stable than you.
For the remaining applicants, you’ll need to look at their background and ask for income verification, like paystubs.
You can look into an applicant’s background using social media, third-party services, or asking them to provide references. Having a subtenant you can trust is necessary—you’re still financially and legally responsible for the apartment.

Create a sublease agreement and request approval in writing

When you’ve decided on the perfect subletter, meet with them to create your legal agreement specifying the following:
  • Sublet start and end dates
  • The dollar amount of rent they need to pay you every month
  • Payment and nonpayment procedures
Both of you will need to sign this agreement to make it binding.
Send this agreement, your subletter’s documents, and the written request for approval to your landlord. Your written request needs to include your reason for subletting the apartment and the beginning and end dates of the sublet period.

Continue paying rent

Your Chicago apartment has now been successfully sublet! Just remember that you are still held responsible for paying the rent.
You’ll be receiving part or all of the rent payment from the subletter, but if anything happens and they can’t pay, you are on the hook for that expense. 
Key Takeaway Make sure you document the entire process to protect yourself against any unforeseen circumstances.
MORE: Does renters insurance cover damage to a car?

How to save on renters insurance in Chicago

If you sublet an apartment, it’s extremely important to have renters insurance to cover yourself against any financial losses or legal issues. The car insurance super app
Jerry
can help you save money on your
renters insurance
if you bundle it with an
auto policy
Finding the right subletter can be a hassle, but using Jerry is easy. Just download the app, answer some questions, and relax while Jerry does the work for you. You’ll get a list of competitive quotes from top insurance providers for the policies you need, and you can look over rates before deciding on your perfect bundle. 
“I can’t thank the
Jerry
app enough! They saved me $160 a month, and I didn’t even have to talk over the phone. They took care of everything through text.” —Travis Y.
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