Is my tenant allowed to sublease if lease says no? (Chicago: rental, neighborhood)

[koctail]

My tenant wants to sublease to move out somewhere cheaper with roommates. The lease he signed with me does not allow subleasing . It is a boilerplate lease I dowloaded from the Internet. My understanding is that Chicago says any tenant has the right to sublease? Is that correct?

[SubconsciousMe]

Here's the Chicago Resident Landlord Tenant Ordinance on sub-leasing. As a landlord, I would think you'd be aware of this, but here you go at any rate.

http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title5housingandeconomicdevelopment/chapter5-12residentiallandlordsandtenant?f=templates$fn=def ault.htm$3.0$vid=amlegal:chicago_il

Bookmark5-12-120 Subleases.
If the tenant terminates the rental agreement prior to its expiration date, except for cause authorized by this chapter, the landlord shall make a good faith effort to re-rent the tenant's dwelling unit at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. The landlord shall accept a reasonable sublease proposed by the tenant without an assessment of additional fees or charges.
If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of premature termination to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of premature termination to the termination of the initial rental agreement.
If the landlord makes a good-faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising costs incurred by the landlord in seeking to re-rent the dwelling unit.
(Prior code § 193.1-12; Added Coun. J. 9-8-86, p. 33771; Amend Coun. J. 11-6-91, p. 7196)

[koctail]

So looks like I have to let him sublease as long as he provides me with a tenant as good or better than him.

[emathias]

Originally Posted by koctail

So looks like I have to let him sublease as long as he provides me with a tenant as good or better than him.

I don't think you're required to let him *sublease*, you're just required to let him out of *his* lease while you write a new lease for the replacement tenant. That's been my understanding. Most landlords I've had didn't allow subleasing, but would write a new lease for a provided tenant. The more professional the landlord or manager(s), the more likely they are to just write a new lease and allow you to terminate your lease with no penalty. Small-time landlords may deal with subleases, but most professional managers don't want to deal with it.

[ChiGuy2.5]

Originally Posted by koctail

So looks like I have to let him sublease as long as he provides me with a tenant as good or better than him.

I would say even a tenant less as good as the existing one too... Chicago laws very much favor the tenant over the landlord so be cautious denying anybody who is qualified should you choose to require him to find you a subletter. If you're that concerned, just find your own renter. (Sorry this happened to you!)

[koctail]

Originally Posted by emathias

I don't think you're required to let him *sublease*, you're just required to let him out of *his* lease while you write a new lease for the replacement tenant. That's been my understanding. Most landlords I've had didn't allow subleasing, but would write a new lease for a provided tenant. The more professional the landlord or manager(s), the more likely they are to just write a new lease and allow you to terminate your lease with no penalty. Small-time landlords may deal with subleases, but most professional managers don't want to deal with it.

I believe subleasing offers me more protection since the original tenant is still responsible for paying the rent if the new tenant doesn't.

[koctail]

Originally Posted by ChiGuy2.5

If you're that concerned, just find your own renter. (Sorry this happened to you!)

That would make things too easy.. My hope is this tenant abandons the idea of moving out once he realizes how hard it is to find quality tenants.

[glass_of_merlot]

Originally Posted by koctail

I believe subleasing offers me more protection since the original tenant is still responsible for paying the rent if the new tenant doesn't.

Idk...I know nothing about this but that sounds too risky for me. Even though he is required to pay the rent if his tenant is not, you will be ultimately responsible if neither one of them pay the rent. You are just dealing with too many variables.

[emathias]

Originally Posted by koctail

I believe subleasing offers me more protection since the original tenant is still responsible for paying the rent if the new tenant doesn't.

Yeah, but the way the law is written, you don't have that choice - your tenant does. If your tenant is smart he won't take a sublease unless he loves the space so much he wants an easy option back into it.

[Manigault]

Originally Posted by koctail

My tenant wants to sublease to move out somewhere cheaper with roommates. The lease he signed with me does not allow subleasing . It is a boilerplate lease I dowloaded from the Internet. My understanding is that Chicago says any tenant has the right to sublease? Is that correct?

No, the tenant does not have an automatic right to sub-lease and you are not required to accept the sub-lessor. You would only be in that better position of being able to go after two different folks for the rent if you had signed an agreement with the sub-lessor. That is, signing on with a stranger; otherwise technically known as: "shooting oneself in the foot".