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Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
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Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • Under 735 ILCS 5/9-213.1, your landlord must take reasonable measures to mitigate, statewide since January 1, 1984.
  • A bill for the whole remaining term is cut down by what re-renting could recover.
  • The statute sets no deadline or procedure, so reasonableness is judged case by case.
  • RLTO section 5-12-140 voids terms waiving RLTO rights, confessing judgment, or charging you the landlord's attorney fees.
  • RLTO section 5-12-130(e) abandonment: 21 days gone, rent unpaid, property removed; or 32 days gone, rent unpaid.

Understanding the Lease Acceleration Clause

Mandatory statewide
Landlord duty to mitigate after an early lease break in Ch
A lease acceleration clause makes all the remaining rent due at once if you default. In Illinois it rarely collects every month. Under 735 ILCS 5/9-213.1 your landlord must take reasonable measures to mitigate damages, so the bill is cut down by what re-renting could recover. In Chicago, the RLTO adds its own limits on lease terms.

This page is for Chicago renters whose lease has an acceleration clause: the paragraph that makes all the remaining rent due at once if you miss rent, move out early or break another term. On paper the bill is simple math, months left times the rent.

In Illinois that figure is a ceiling, not what you automatically owe. What you can be held to also depends on what your landlord did to re-rent the unit after you left.

What renters assume

If my lease says all remaining rent is due when I leave early, my landlord can collect every month of it.

What is actually true

Not in Illinois. 735 ILCS 5/9-213.1 makes your landlord take reasonable measures to mitigate damages, so the amount shrinks by what re-renting could recover.

Illinois sits in the protective half of that chart, though not at the top. Texas and New York go further and explicitly void any lease clause waiving the mitigation duty; the Illinois statute doesn't spell that out.

What backs Chicago renters up is local - RLTO section 5-12-140 voids waivers of your RLTO rights outright.

Clause decoder

Rent Acceleration Clause Example - What the Wording Looks Like in Chicago, IL

The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

The three sentences the opinion sets out, in order. The lease paragraph continues past them with a sentence about late fees and interest on accelerated amounts, not reproduced here:

If any monthly installment under this agreement is not paid when due and remains unpaid after a date specified by a notice to Tenant, the entire principal rent amount owed for the full lease term shall at once become due and payable at the option of the Landlord and judgment may be had for all said amounts due. The foregoing provision shall not relieve the Landlord of its obligation to mitigate damages. In the event the rental premises is re-rented to another for full value prior to expiration of the lease term, Landlord shall file Notice of Partial Satisfaction of any judgment entered to the extent of the third party rental agreement.

[…]

Quoted from the published opinion in Summers v. Crestview Apartments, 2010 MT 164, 357 Mont. 123, 236 P.3d 586 (No. DA 09-0489). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“and remains unpaid”

Unpaid rent is only half of what Chicago's ordinance needs before a unit counts as abandoned. The other half is time. RLTO § 5-12-130(e) defines abandonment as 21 days of absence with rent unpaid and the tenant's property removed, or 32 days of absence with rent unpaid. Falling behind while still living there meets neither limb, and the distinction is worth holding on to, because much of what this paragraph lets a landlord do next is written for a tenant who has gone.

See the example
The ordinance's test is about absence, not only about arrears, and both halves are things you can date. Your rent ledger answers one; when you were last in the unit, and when your belongings left it, answers the other.
Tenant-favourable“Premises are abandoned only when Tenant has been absent for the period set by the Chicago ordinance”
What this lease said“and remains unpaid”
Landlord-favourable“Premises are deemed abandoned after five days’ absence with any sum outstanding”
2

“and judgment may be had”

Read this next to RLTO § 5-12-140, the Chicago provision most likely to reach a clause like this one. It voids lease terms that waive RLTO rights, that confess judgment on the tenant's behalf, and that make the tenant pay the landlord's attorney fees. A paragraph contemplating that a judgment may follow is not itself a confession of judgment - it assumes a suit - but it sits close enough to that line that the rest of the lease is worth reading for who is agreeing to what.

See the example
Attorney-fee shifting is the term that changes the arithmetic of a dispute, because it is what makes a small claim expensive to lose. Search your lease for the word attorney and read every hit; in Chicago a one-way fee clause is one of the terms the ordinance voids.
Tenant-favourable“Each party bears its own attorney fees and costs”
What this lease said“and judgment may be had”
Landlord-favourable“Tenant irrevocably authorises any attorney to confess judgment against Tenant for all sums claimed”
3

“of its obligation to mitigate damages”

This is the statewide rule restated in the lease's own words. 735 ILCS 5/9-213.1 requires a landlord or the landlord's agent to take reasonable measures to mitigate the damages recoverable against a defaulting lessee, so a demand for the entire remaining rent is cut down to what re-renting could have recovered. The statute fixes no deadline and no procedure, which means reasonableness is judged case by case on what this landlord did with this unit.

See the example
With no procedure written into the statute, the facts carry the argument on their own. Dated screenshots of the listing, the rent it was advertised at, and the day a new tenant appeared are the record a court would be working from.
Tenant-favourable“Landlord shall take all reasonable measures to relet and shall document those efforts on request”
What this lease said“of its obligation to mitigate damages”
Landlord-favourable“Tenant agrees that Landlord’s existing marketing practices constitute reasonable mitigation in all cases”
4

“of any judgment entered”

A Notice of Partial Satisfaction is how a judgment for the whole term gets reduced after the unit is earning again, and in Illinois the reduction is not a courtesy: the mitigation duty is what forces the number down. It is worth seeing the alternative. In Pennsylvania there is no mitigation statute, and Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc., 715 A.2d 1082 (Pa. 1998), holds that a non-breaching landlord whose tenant abandons in breach has no duty to mitigate. The same paragraph produces a very different bill on the two sides of that line.

Tenant-favourable“Landlord shall file a satisfaction of judgment within ten days of any reletting”
What this lease said“of any judgment entered”
Landlord-favourable“Any judgment entered shall remain in full force notwithstanding any reletting of the premises”
What the court did with it

The Montana Supreme Court struck this paragraph down, and its conclusion is one sentence: “Thus, we conclude that the accelerated rent provision is unconscionable and therefore unenforceable.” The tenants had moved out of their apartment on October 13, 2006, and Crestview answered with a Statement of Deductions from the Security Deposit charging rent through the end of the lease in June - $6,505.75 billed against a $2,170 deposit. Two reasons carried the court. Acceleration undermines the landlord's duty to mitigate and reduces the incentive to re-rent promptly, because a landlord already holding a judgment for the whole term has little reason to fill the unit. And Crestview drafted the lease while these tenants had no meaningful choice and no opportunity to negotiate any of it. The case was reversed and remanded, and two justices wrote separately - their objection being that the majority had gone as far as treating acceleration clauses as unenforceable in themselves. So read the holding narrowly, as the majority wrote it: this provision, in this residential lease, unconscionable and unenforceable. It is a Montana decision and it binds no other state's courts. What travels is the reasoning, and the reasoning is about mitigation - which is exactly the question the statute in your own city's decode answers.

How this state's law treats this clause
Illinois has required mitigation since January 1, 1984, and Chicago stacks its own ordinance on top: the RLTO fixes when a unit counts as abandoned at § 5-12-130(e), and voids several kinds of lease term outright at § 5-12-140. Both are taken apart below. The duty that reaches every Illinois tenant, in Chicago or not, is the statewide one: 735 ILCS 5/9-213.1

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

Illinois Law on Lease Acceleration Clause

The law in Illinois
  • 735 ILCS 5/9-213.1 requires a landlord or agent to take reasonable measures to mitigate damages recoverable against a defaulting lessee.
  • The statute sets no deadline or procedure, so reasonableness is judged case by case.
  • Because damages must be mitigated, a clause demanding the entire remaining rent is cut down by what re-renting could recover.
  • The duty applies statewide and has been in force since January 1, 1984.

Sources include 735 ILCS 5/9-213.1 - statutes change; verify the current text for your situation.

Step by step

How it plays out

  1. You leave earlyRemaining rent may fall dueAn acceleration clause can make every remaining month due at once if you default.
  2. Unit sits emptyLandlord must try to re-rentUnder 735 ILCS 5/9-213.1 your landlord must take reasonable measures to mitigate. The statute sets no deadline, so reasonableness is judged case by case.
  3. Bill arrivesRe-rent value comes offA demand for the entire remaining rent is cut down by what re-renting could recover. You do not owe for months a new tenant pays.

Count it for your dates

32 days: when does it end?

Day 32 falls on

What it means: After 32 days absent with rent unpaid, the unit can count as abandoned under RLTO section 5-12-130(e). Applies to Chicago units the RLTO covers; the line is 21 days if your property has also been removed (Chicago RLTO § 5-12-130(e)). Calendar arithmetic only; check how the section counts days before you rely on a date.

Copy and send: When your landlord bills you for the rest of the lease after you moved out

Ask what was done to re-rent the unit

Fill in the brackets and keep a copy of what you send.

In Illinois the answer comes from one short statute, 735 ILCS 5/9-213.1. It applies statewide and has been in force since January 1, 1984.

  • The duty. A landlord or agent must take reasonable measures to mitigate the damages recoverable against a tenant who defaults. In practice that means listing the unit, showing it and renting it at a fair price, not leaving it empty while the bill grows.
  • The effect on the clause. Because damages must be mitigated, a clause demanding the entire remaining rent is cut down by what re-renting could recover.
  • No clock. The statute sets no deadline and no required steps, so reasonableness is argued case by case. That is why your own proof of what the landlord did or did not do carries real weight.

What's Specific to Chicago

How Illinois compares

Landlord duty to mitigate after an early lease break, state by state

Landlord duty to mitigate after an early lease break by stateEach square is a state; Illinois is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZNo figureArkansas: guide coming soonARCaliforniaCANo figureColoradoCONo figureConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFLNo figureGeorgiaGANo figureHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisILNo figureIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNYNo figureNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonORNo figurePennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTNNo figureTexasTXNo figureUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWANo figureWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

No figureGuide coming soonYou are here

See all 25 cities as a chart

Landlord duty to mitigate after an early lease break

Same clause, 25 cities, different rules. Tap any city for its own guide.

Austin, Texas
Mandatory, non-waivable
Los Angeles, California
Mandatory, tenant proves
New York City, New York
Mandatory, non-waivable
Miami, Florida
No duty to re-rent
Chicago, Illinois
Mandatory statewide
Seattle, Washington
Mandatory on abandonment
Denver, Colorado
No statute; case law
Phoenix, Arizona
Mandatory after abandonment
Atlanta, Georgia
Likely no duty
Nashville, Tennessee
Mandatory in large counties
Philadelphia, Pennsylvania
No duty to re-rent
Portland, Oregon
Mandatory on abandonment
Boston, Massachusetts
No statute; 93A limits
Las Vegas, Nevada
Mandatory on abandonment
Washington, District of Columbia
Mandatory, actual damages
Columbus, Ohio
No statute; case law
Newark, New Jersey
Mandatory, landlord proves
Detroit, Michigan
Non-waivable by lease
Charlotte, North Carolina
Case law; tenant proves
Baltimore, Maryland
Mandatory, non-waivable
Minneapolis, Minnesota
Mandatory on abandonment
Milwaukee, Wisconsin
Mandatory; acceleration voids lease
Kansas City, Missouri
No general duty; deposit rule
Indianapolis, Indiana
Case law duty to re-let
Louisville, Kentucky
Mandatory on abandonment

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

Chicago adds two protections through its ordinance, the RLTO, in buildings it covers. Section 5-12-130(e) defines abandonment: 21 days absent with rent unpaid and your property removed, or 32 days absent with rent unpaid.

A landlord cannot treat a shorter absence as abandonment under that definition. Section 5-12-140 voids lease terms that waive your RLTO rights, confess judgment against you, or make you pay the landlord's attorney fees.

Does the lease credit rent from a new tenant?

Your balance should drop by rent collected after re-rental. 735 ILCS 5/9-213.1 already requires mitigation, so this wording just puts it in writing.

Does it accelerate rent after one missed payment?

That turns a single late month into the whole remaining term. Ask for it to be struck or capped before you sign.

Does it name a fixed early-termination fee instead?

A set buyout amount tells you your exact exposure before anything goes wrong, unlike an open-ended acceleration demand.

Does it make you pay the landlord's attorney fees?

Inside Chicago that term is void under RLTO section 5-12-140, along with any clause confessing judgment or waiving your RLTO rights.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

  • 735 ILCS 5/9-213.1, read on codes.findlaw.com. FindLaw marks its copy of this section current as of January 1, 2025; Illinois publishes the official text at www.ilga.gov, which refuses connections from our build machine.

Red Flags to Watch Out For

  • Full term due on one default

    One missed payment turning into every remaining month is the harshest form of this clause. The mitigation duty still applies, but you may have to argue it.

  • No re-rental credit language

    A lease silent on crediting new rent does not erase the statute. It can mean the landlord plans to bill the full balance.

  • A lump sum with no breakdown

    A single number with no months, re-rental efforts or new-tenant rent listed cannot be checked. Ask for an itemized statement before you pay.

  • Confession of judgment clause

    This lets a landlord take judgment against you without a hearing. RLTO section 5-12-140 makes it void in Chicago.

  • Abandonment defined too loosely

    A lease that calls your unit abandoned sooner than RLTO section 5-12-130(e) allows does not match the ordinance.

Your Rights as a Chicago Tenant

  • Landlord must try to re-rent

    Your landlord must take reasonable measures to mitigate damages after you default. Doing nothing to re-rent while billing you each month does not meet that duty.

  • No paying twice for one month

    Rent a new tenant pays comes off what you owe. You do not owe for months someone else is paying.

  • A real abandonment definition

    In Chicago, abandonment is set by RLTO section 5-12-130(e), not by a landlord's guess.

  • RLTO waivers are void

    Under section 5-12-140, signing a Chicago lease term that waives your RLTO rights changes nothing.

What To Do - Step by Step

1

Find the acceleration language

Search your lease for "accelerate," "entire balance" or "all remaining rent." Copy out the exact wording, because every later step depends on it.

2

Check whether the RLTO covers you

The ordinance does not reach every building, and small owner-occupied properties sit outside it. If you are covered, sections 5-12-130(e) and 5-12-140 apply.

3

Ask for an itemized statement

Ask in writing for the months claimed, the re-rental efforts made and any rent collected from a new tenant.

4

Save the re-listing yourself

Screenshot listing sites and the building's own page the week after you leave. Proof that the unit re-rented fast supports your mitigation defense.

5

Send a mitigation letter

Cite 735 ILCS 5/9-213.1, state that damages must be mitigated, and ask what reasonable measures were taken. Keep it factual, dated and short.

6

Get a tenant attorney involved

Before you pay a demand for the full term, bring your lease, dates and screenshots to a tenant attorney, Chicago legal aid or a tenant-rights hotline.

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Frequently Asked Questions

can my landlord charge me all the remaining rent in illinois
Usually not the full amount. An acceleration clause can demand it, but 735 ILCS 5/9-213.1 makes your landlord take reasonable measures to mitigate. What you owe drops by whatever re-renting brings in.
is a rent acceleration clause legal in chicago
No section we read bans an acceleration clause in a Chicago lease. What limits it is the mitigation duty in 735 ILCS 5/9-213.1, plus RLTO section 5-12-140, which voids waivers of RLTO rights, confessions of judgment and landlord attorney-fee terms.
do i still owe rent if my landlord re-rented my apartment
No, not for months someone else is paying. Under the Illinois duty to mitigate, what an acceleration clause can recover shrinks by the rent collected from the new tenant. Ask for an itemized statement showing the re-rental date and new rent.
how long before my apartment counts as abandoned in chicago
21 days gone with rent unpaid and your property removed, or 32 days gone with rent unpaid. That is RLTO section 5-12-130(e). A shorter trigger written into your lease does not override the ordinance.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general Illinois and Chicago law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in Illinois for advice about your specific situation.