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Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • A covered Chicago landlord must accept a reasonable sublease you propose (Chicago Mun. Code § 5-12-120).
  • The same section bars any additional fee or charge for the sublease.
  • The ordinance sets no fixed number of days for your landlord to answer.
  • Owner-occupied buildings of six units or fewer, dorms, shelters and most hotels and rooming houses are not covered.
  • Where a lease requires approval but names no standard, Illinois courts have held consent may not be unreasonably withheld.

Understanding the Subletting Clause

No deadline
Landlord's deadline to answer a written sublet request in
In a building covered by Chicago's landlord-tenant ordinance (the RLTO), your landlord must accept a reasonable sublease you propose and cannot charge any additional fee for it (Chicago Mun. Code § 5-12-120). The ordinance sets no deadline to answer you. Owner-occupied buildings of six units or fewer are not covered, and there your subletting clause is the place to look.

This page is for Chicago renters who want to sublet, or who are about to sign a lease with a subletting clause. Start with one question: is your building covered by the city's ordinance?

In a covered building, the landlord has to take a reasonable subtenant and cannot charge you for the swap. Outside it, your lease does most of the work.

Either way, the ordinance sets no deadline for an answer. A reply date in your lease or in your written request gives you one.

What renters assume

If my lease says no subletting without written consent, my landlord can refuse for any reason, or for no reason at all.

What is actually true

In a building covered by the RLTO, your landlord must accept a reasonable sublease (§ 5-12-120). Where a lease requires approval but names no standard, Illinois courts have held consent may not be unreasonably withheld.

The bars hide the real story here. Illinois shows no deadline next to Texas and Georgia, but those states let a landlord refuse flat out, while a covered Chicago landlord has to take a reasonable sublease and charge nothing for it.

Clause decoder

Sublet 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.

18. (A) Assignment, subletting.—Except as provided by § 226-b of the Real Property Law of New York, the Tenant shall not assign the lease, nor sublet the Apartment, or permit the Apartment or any part thereof to be used by any one other than Tenant or members of the immediate family of Tenant, without the prior written consent of Owner in each case, if the Lease is assigned, or if the Apartment is sublet or occupied by anybody other than Tenant or Tenant’s immediate family.

Quoted from the published opinion in Conrad v. Third Sutton Realty Co., 81 A.D.2d 50 (1st Dep't 1981). 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

“18. (A) Assignment, subletting.”

Two different transactions under one heading, and Chicago's ordinance is written about one of them. The RLTO duty is to accept a reasonable sublease - the arrangement where you stay on the lease and someone else takes the unit. An assignment hands the whole tenancy over and is meant to take you off it. Read your own heading to see which one you are actually asking for, because the protections are not identical.

See the example
It also decides who the landlord can chase for the rent. In a sublease you remain the tenant and the arrears are yours; in an assignment the entire point is to stop being that person. Ask for the transaction you want by name - a landlord who agrees to a “sublease” has not agreed to release you from anything.
Tenant-favourable“Assignment or subletting: Landlord shall accept any reasonable proposed sublease”
What this lease said“18. (A) Assignment, subletting.”
Landlord-favourable“Assignment, subletting or occupancy by others is absolutely prohibited during the term”
2

“the Tenant shall not assign the lease”

In Illinois that sentence would be close to the whole answer; in Chicago it is not. Our Illinois record finds no statute granting or denying a tenant's right to sublet, so check the written lease - but Illinois courts have held that where a lease requires landlord approval and is silent on the standard, consent may not be unreasonably withheld. That is a judge-made backstop for a silent clause, and inside the city the ordinance puts a firmer one on top of it.

See the example
Check that your building is covered before you rely on the ordinance. The RLTO does not reach units in owner-occupied buildings of six units or fewer, most hotels and rooming houses, dormitories, shelters, or owner-occupied co-ops. Outside its reach you are back on the lease and the case law, which is a weaker place to stand.
Tenant-favourable“Landlord's consent to an assignment or sublease shall not be unreasonably withheld”
What this lease said“the Tenant shall not assign the lease”
Landlord-favourable“Consent may be granted or denied at Landlord's discretion, for any reason or none”
3

“in each case”

Fresh permission for every arrangement - and in Chicago, fresh permission that has to be free. RLTO § 5-12-120 bars a covered landlord from assessing any additional fee or charge for a sublease. A sublet administration fee, a re-letting charge, a per-application surcharge: none of them are consistent with the ordinance, whatever the lease calls them.

See the example
If a fee has already been demanded, the ordinance is the thing to point at rather than the lease. It obliges a covered landlord to accept a reasonable sublease and to do it without an extra charge, so the question is not what your paragraph authorises but whether your building is covered.
Tenant-favourable“No fee, charge or deposit shall be imposed in connection with any sublease”
What this lease said“in each case”
Landlord-favourable“A sublet processing fee of $500 is payable with each request, whether or not consent is given”
4

“other than Tenant or Tenant’s immediate family”

The RLTO duty on record is about the sublease a landlord must accept; nothing in it reaches who counts as family, so this line stays exactly as strong as the lease wrote it. What Chicago gives you is the standard - a reasonable sublease has to be accepted - and what it does not give you is a deadline. New York fills that gap with a 30-day clock and deemed consent; the RLTO sets no fixed number of days at all.

See the example
With no deadline in the ordinance, the record you build is the substitute for a clock. Send the proposed subtenant's name, income and references in writing, date it, and keep the reply - reasonableness is judged on what the landlord actually knew when the answer was given, so a thin request is easy to refuse reasonably.
Tenant-favourable“Landlord shall accept a reasonable sublease and shall respond within fourteen days”
What this lease said“other than Tenant or Tenant’s immediate family”
Landlord-favourable“Landlord's silence shall never be construed as consent, however long it continues”
What the court did with it

A landlord who gives no reason is treated as having said yes. The tenant proposed a documented sublessee; the managing agent's reply gave no reason at all - only that permission would not be granted, with an offer to let her terminate the lease instead. The Appellate Division held that a landlord who rejects a residential sublease without stating any valid reason is deemed to have consented under Real Property Law § 226-b, and that the tenant may compel acceptance of a bona fide sublessee. The court rejected the argument that release from the lease was the tenant's only remedy: in a housing shortage, that reading would leave a tenant with a meaningless right to surrender. Read the panel accurately - a divided panel affirmed, three judges adopting the rationale below, while two concurred separately on a narrower reading of § 226-b (2) and expressly declined to say what happens when a landlord does state reasons that turn out to be unreasonable. One of them noted that this lease carried no provision that consent would not unreasonably be withheld, which is why the statute had to do all the work. Read it with its date, too: this construes § 226-b before its substantial 1983 amendment. The deemed-consent result still tracks current § 226-b (2) (c), but today's statute also expressly lets a tenant sublet where consent is unreasonably withheld - the very question the concurrence reserved. The unit was a Manhattan apartment; the words rent control and stabilization appear nowhere in the opinion. Printed above is the first sentence of paragraph 18(A); the paragraph runs on for another 107 words of non-waiver boilerplate that is not reproduced here.

How this state's law treats this clause
Our Illinois record finds no state sublet statute, so a Chicago renter's firmest sublet rights come from the city. Under the Residential Landlord and Tenant Ordinance a covered landlord must accept a reasonable sublease and may not charge a fee for it - though the ordinance sets no number of days for an answer: Chicago Mun. Code § 5-12-120 (our Illinois record finds no state sublet statute)

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 Subletting Clause

The law in Illinois
  • Our Illinois record finds no statute that grants or denies a residential tenant the right to sublet; check what the written lease says.
  • Illinois courts have held that where a lease requires landlord approval but is silent on the standard, consent may not be unreasonably withheld.
  • Under Chicago's RLTO the landlord must accept a reasonable sublease proposed by the tenant and may not assess additional fees or charges for it.
  • The RLTO does not cover units in owner-occupied buildings of six units or fewer, most hotels and rooming houses, dorms, shelters, or owner-occupied co-ops.

Sources include Chicago Mun. Code § 5-12-120 (our Illinois record finds no state sublet statute) - statutes change; verify the current text for your situation.

Copy and send: Before anyone moves in, once you have read your lease's subletting clause

Ask to sublet

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

Outside Chicago's ordinance, start with your written lease:

  • No state sublet statute. Our Illinois record finds no statute that grants or denies a residential tenant the right to sublet. Check what your written lease says.
  • Consent with no standard. Where a lease requires the landlord's approval but does not say on what basis, Illinois courts have held that consent may not be unreasonably withheld.
  • A lease that says nothing. If your lease is silent on subletting, get your property manager's position in writing before you list the room.

The consent standard comes from Illinois court decisions and applies where the lease names no standard of its own. Check the current law, or get advice, before you rely on it. In a covered Chicago building, the city ordinance goes further.

What's Specific to Chicago

How Illinois compares

Landlord's deadline to answer a written sublet request, state by state

Landlord's deadline to answer a written sublet request 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 YorkNY30 daysNorth 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

30 daysNo figureGuide coming soonYou are here

See all 25 cities as a chart

Landlord's deadline to answer a written sublet request

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

Chicago, Illinois
No deadline
Austin, Texas
No statute
Miami, Florida
No statute
Portland, Oregon
No deadline
Washington, District of Columbia
No deadline, lease may bar it
Columbus, Ohio
No statute; lease controls
Newark, New Jersey
No deadline; city bars short-term sublets
Detroit, Michigan
No deadline; lease controls
Baltimore, Maryland
No set deadline
Minneapolis, Minnesota
No set deadline
Milwaukee, Wisconsin
No deadline; lease may restrict
Kansas City, Missouri
No deadline; written assent required
Indianapolis, Indiana
No set deadline
Louisville, Kentucky
No set deadline

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.

Under Chicago Mun. Code § 5-12-120, a covered landlord must accept a reasonable sublease you propose and may not assess any additional fee or charge for it. The section names no number of days for an answer.

Check coverage first. The RLTO does not cover units in owner-occupied buildings of six units or fewer, most hotels and rooming houses, dorms, shelters or owner-occupied co-ops.

Chicago has many two- and three-flats, so ask whether the owner lives in the building.

Does the clause promise a written answer by a set date?

Chicago's ordinance sets no deadline for a reply. Ask for a date written into your lease before you sign.

Does it say consent won't be unreasonably withheld?

That matches how Illinois courts read an approval clause with no stated standard. With the line in your lease, you can quote it directly.

Does the lease charge a sublet fee?

In a covered building, your landlord may not assess any additional fee or charge for a sublease. A dollar figure here is a red flag.

Does it ban subletting outright?

A covered landlord must accept a reasonable sublease, so a flat ban clashes with § 5-12-120. Outside the RLTO, read what your lease allows.

Sources

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

Red Flags to Watch Out For

  • Sublet fee printed in the clause

    A processing, administrative or sublease charge in the lease. A covered Chicago landlord may not assess any additional fee or charge for a sublease you propose.

  • Rent raised on approval

    A rent increase tied to approving your sublet may count as an additional charge for it, which § 5-12-120 bars in covered units. Ask about it before you sign.

  • Consent at sole discretion

    Wording that lets your landlord refuse for any reason or none. In a covered building, the landlord must accept a reasonable sublease.

  • Sublet treated as automatic default

    The clause makes any sublease a reason to end your tenancy. Get approval in writing before anyone moves in.

  • No stated way to request

    No address, form or method for a sublet request. With no deadline in the ordinance, send yours in writing and keep a dated copy.

Your Rights as a Chicago Tenant

  • Reasonable sublease must be accepted

    Chicago Mun. Code § 5-12-120 requires a covered landlord to accept a reasonable sublease you propose. Brushing off a qualified subtenant does not meet that.

  • No extra charge

    The same section bars any additional fee or charge for a sublease in a covered unit, whether it is called an admin fee or a processing fee.

  • Consent can't be unreasonably withheld

    Where your lease requires approval but sets no standard, Illinois courts have held consent may not be unreasonably withheld.

  • Lease terms you can negotiate

    Our Illinois record finds no statute that grants or denies a right to sublet. Your subletting clause is the place to negotiate, before you sign.

What To Do - Step by Step

1

Confirm the RLTO covers you

Ask whether the owner lives in the building and how many units it has. Owner-occupied buildings of six units or fewer are not covered.

2

Read the sublet clause

Find the wording on consent, fees and how to submit a request. Note any fee printed there.

3

Line up a qualified subtenant

Collect income proof, ID and references first. The standard is a reasonable sublease, so bring someone your landlord has no honest reason to reject.

4

Send the request in writing

Email the proposed sublease, the subtenant's details and the date you want an answer by. Email gives you a dated copy.

5

Follow up on a schedule

Follow up weekly in the same thread and keep every copy. Do not treat silence as consent.

6

Call a Chicago tenant hotline

The Metropolitan Tenants Organization runs a free tenants' rights hotline. Lawyers' Committee for Better Housing and Legal Aid Chicago take RLTO cases at no cost for income-eligible renters.

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Frequently Asked Questions

can my landlord say no to a sublet in chicago
Not to a reasonable one, if your building is covered. Chicago Mun. Code § 5-12-120 requires a covered landlord to accept a reasonable sublease you propose. Owner-occupied buildings of six units or fewer are exempt, so check coverage, then read your subletting clause.
can my chicago landlord charge a sublet fee
No, not in a covered building. The RLTO bars any additional fee or charge for a sublease, whatever it is called. If your subletting clause names a fee, ask about it before you sign.
how long does my landlord have to approve a sublet in illinois
Our Illinois record finds no state sublet statute, and Chicago's ordinance sets no fixed number of days to answer. Look for a reply date in your subletting clause, or put one in your written request and follow up.
does illinois have a law about subletting
Our Illinois record finds no statute that grants or denies a residential tenant the right to sublet; check what your subletting clause says. Chicago is different: its RLTO requires a covered landlord to accept a reasonable sublease.

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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.