TENANT-TERMINATION OF LEASE

Illinois General Assembly - Full Text of HB5292

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HB5292 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5292

Introduced 2/10/2026, by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

765 ILCS 705/35 new

Amends the Landlord and Tenant Act. Provides that a tenant of a
residential lease whose residential unit, dwelling, or common areas in the
tenant's building is in violation of any applicable health or safety codes
because of the fault of the landlord may terminate a lease without penalty
or liability by providing the landlord with at least 30 days' written
notice. Provides that "fault of the landlord" also means a failure to
timely remove any violation of applicable health or safety codes. Provides
that on the death of the tenant or if there is more than one tenant, upon
the death of all tenants, the landlord or the representative of the
tenant's estate may terminate the lease upon at least 30 days' written
notice to the other party. Provides that after the lease agreement was
entered into, a tenant or the legal representative of a tenant who has been
determined to need long-term, full-time care may terminate a residential
lease without penalty or liability by providing the landlord with at least
30 days' written notice and include an explanation of the reason and
expected length of time for the tenant's departure. Provides that on
termination of the lease, if any rent payment was made in advance, the
landlord must return any unearned portion and security deposit paid,
except to the extent that there are actual damages or repairs to be paid
from the security deposit as provided in the lease agreement. Prohibits
any attempted waiver or waiver provision in a lease agreement of the right
to terminate is null and void. Prohibits any lease provision or agreement
requiring a longer notice period than required by the Act is null and void,
unless the landlord and tenant or tenant's personal representative agree
to modify other specific provisions of the Act. Provides that the
amendatory Act applies to leases executed on or after its effective date.
LRB104 19281 JRC 32727 b

A BILL FOR

HB5292
LRB104 19281 JRC 32727 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Landlord and Tenant Act is amended by
5
adding Section 35 as follows:

6

(765 ILCS 705/35 new)
7

Sec. 35.
Right to terminate lease.
8

(a) A tenant of a residential lease whose residential
9
unit, dwelling, or common areas in the tenant's building is in
10
violation of any applicable health or safety codes because of
11
the fault of the landlord may terminate a lease without
12
penalty or liability by providing the landlord with at least
13
30 days' written notice. "Fault of the landlord" also means a
14
failure to timely remove any violation of applicable health or
15
safety codes.
16

(b) Upon the death of the tenant, or if there is more than
17
one tenant, upon the death of all tenants, the landlord or the
18
representative of the tenant's estate may terminate the lease
19
upon at least 30 days' written notice to the other party. At
20
the landlord's request, the tenant's estate must provide
21
documentation confirming the death of the tenant.
22

(c) After a lease agreement was entered into, a tenant or
23
the legal representative of a tenant who has been determined

HB5292
- 2 -
LRB104 19281 JRC 32727 b
1
to need long-term, full-time care may terminate a residential
2
lease without penalty or liability by providing the landlord
3
with at least 30 days' written notice and include an
4
explanation of the reason and expected length of time for the
5
tenant's departure.
6

(d) Upon termination of the lease, if any rent payment was
7
made in advance, the landlord must return any unearned portion
8
and security deposit paid, except to the extent that there are
9
actual damages or repairs to be paid from the security deposit
10
as provided in the lease agreement.
11

(e) Any attempted waiver or waiver provision in a lease
12
agreement waiving the right to terminate as provided by this
13
Section is null and void. Any lease provision or agreement
14
requiring a longer notice period than required by this Section
15
is null and void, unless the landlord and tenant or tenant's
16
personal representative agree to modify other specific
17
provisions of this Section.

18

(f) This provision applies to leases executed on or after
19
the effective date of this amendatory Act of the 104th General
20
Assembly.

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