Evanston, Ill., City Code tit. 5 (2026) § 5-3-6-2
ABANDONMENT; SUBLEASES (Evanston Housing Regulations)
Operative Text
If the tenant abandons the dwelling unit, the housing provider shall make a good faith effort to rent it at a fair rental. This shall include the acceptance of reasonable subleases. If the housing provider succeeds in renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the housing provider from the date of abandonment to the termination of the initial rental agreement. If the housing provider makes a good faith effort to rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the housing provider in re-renting the dwelling unit.
Under Evanston, Ill., City Code § 5-3-6-2, when a tenant abandons a dwelling unit before the lease ends, the housing provider is not simply entitled to collect the full remaining rent without effort. Instead, the housing provider must make a good faith attempt to re-rent the unit at a fair market rate, including accepting reasonable sublease proposals. The tenant's financial exposure depends on whether the housing provider succeeds in re-renting: if successful, the tenant owes only the gap between the original rent and the new rent received; if unsuccessful despite good faith efforts, the tenant remains liable for the full rent through the end of the lease term. In either scenario, the tenant is also responsible for the housing provider's reasonable advertising and redecoration costs tied to re-renting.
Plain English — not legal advice.
Under § 5-3-6-2, housing providers in Evanston are required to actively mitigate their losses when a tenant abandons a unit — simply leaving the unit vacant and billing the departing tenant for all remaining rent is not permitted. Compliant operators typically document their re-renting efforts, such as advertising the unit, showing it to prospective tenants, and giving fair consideration to reasonable sublease requests. Keeping records of advertising expenditures and any redecoration costs is also standard practice, as those amounts may be recoverable from the departing tenant under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5-3-6-2 of the Evanston City Code limits what a housing provider can collect if you leave a unit before your lease ends — the housing provider must make a genuine effort to re-rent the unit and must consider reasonable sublease arrangements, which can reduce the amount you owe. If the unit is successfully re-rented, your liability is generally limited to the difference between your original rent and the new rent, plus documented advertising and redecoration costs. Tenants who believe a housing provider failed to make a good faith re-renting effort may have grounds to raise that failure as a defense in a rent dispute; tenant-rights organizations in Evanston can help explain what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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