Updated March 01, 2024
An Illinois sublease agreement serves as a contract in which a sub-lessee and sub-lessor establish a sublet arrangement, including each party’s responsibilities. The tenant/sub-lessor under the new agreement will act as the landlord, thus guaranteeing the sub-lessee retains certain property rights as a sub-tenant for the duration of the original lease.
Right to Sublet
Illinois state law does not specifically address a tenant’s ability to sublet. The lease between a landlord and tenant will determine whether or not the property may be sublet, although the landlord may not unreasonably deny a sub-lessee applicant.
In Chicago, however, tenants have an absolute right to sublet, regardless of the lease’s terms, provided that the sublease is “reasonable” in nature.[1]
If the lease is unclear or is silent on the subject of subleasing, getting the landlord’s permission is recommended. When a landlord’s permission to sublease is necessary, a Landlord Consent Form may be used to obtain written approval.
Short-Term (Lodgings) Tax
Statewide, Illinois charges a hotel operator’s tax on rentals of less than 30 days. Each county and city may impose additional taxes, permit requirements, or fees.
Illinois short-term rental taxes:
- 6% state hotel tax[2]
- Additional taxes levied at the city and county level
Some localities prohibit short-term rentals altogether. For example, Lake County does not allow property rentals of less than one month in residential zones.[3]
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