I live in Deerfield, Illinois. My rent term is 18 months. I want to sublet after 12 months. My landlord said no. Under the law, am I legally allow to sublet?

Here is the term in my contract: 'Tenant will neither assign this lease nor sublet the premises without prior written consent of Landlord; such consent will not be unreasonably withheld. Landlord's consent in this instance will not waive Landlord's right to refuse subsequent assignments or sublettings nor will Landlord's consent release Tenant from liability under this lease.'

Suppose I find good credit subtenant, can my landlord refuse my sublet?


Edit: I have made 2 complaints about noise coming from the neighbors.

Update: The company that manages the property told me that tenant can only move in for a 12 month period and my sublease is only for 6 months. This is not in my contract with the landlord. How can I still sublet?

1 Answer 1


You would need to know the landlord's reasons for refusal in order to determine their reasonableness or otherwise.

If there is a dispute about this (i.e. They think they are reasonable and you don't) you can seek a court order requiring the landlord to accept the sublease or alternatively, that since the landlord has breached the contract, you are entitled to terminate it. Hire a lawyer before you do this.

  • Do you know how much a service like this would cost? I'm willing to pay up to $600. Apr 4, 2017 at 3:50
  • 1
    @user1569341 I once got out of a lease on the argument that the landlord's refusal even to consider a lease assignment without looking at a prospective assignee was unreasonable because they didn't give a reason beyond "it's our policy." In other words, if they say that they won't consider a sublease before you even have a candidate, and they won't say why, that's arguably unreasonable.
    – phoog
    Apr 4, 2017 at 4:24
  • @phoog did you go to court for this? Apr 4, 2017 at 4:40
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    @user1569341 no. My lawyer wrote a letter and the management company agreed to let me out of the lease. This was in New York, where the "not be unreasonably withheld" clause is statutory, for whatever that's worth.
    – phoog
    Apr 4, 2017 at 4:52
  • I updated the question with new information. @phoog and Dale M, could you answer my question? Thanks Apr 4, 2017 at 14:51

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