Cal. Civ. Code § 16

Military personnel in military service; right to terminate lease

In Force
Verified 9/18/2026 · Next check 9/25/2026
effective 1/1/2013IllinoisRent Regulation

Operative Text

Cal. Civ. Code § 16
Military personnel in military service; right to terminate lease.
(a) In this Section:
"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) A tenant who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the tenant's family who resides with the tenant at the leased premises may terminate a lease for a mobile home lot, residential premises, non-residential premises, or farm or agricultural real property if the tenant enters military service for greater than 29 consecutive days after executing the lease or the tenant, while in military service, receives military orders for a permanent change of station or to deploy with a military unit or as an individual in support of a military operation for a period of not less than 90 days, regardless of whether the lease was signed before or during military service. This provision applies to leases executed on or after the effective date of this amendatory Act of the 97th General Assembly.
(c) In order to exercise the right to terminate the lease granted to a service member under this Section, a service member or a member of the service member's family who resides with the service member at the leased premises must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service.
(d) Termination of the lease is effective 30 days after the delivery of the notice to the landlord, except that if rent is paid in monthly installments the termination is effective 30 days after the next rental payment due date after the date of the notice to the landlord. If any rent payment was made in advance, the landlord must return any unearned portion and the landlord must return any security deposit paid, except to the extent that there are actual damages or repairs to be paid from the security deposit as provided in the lease agreement.
(e) A landlord's failure to accept a service member's termination of a lease that is effected pursuant to this Section imposed by this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the Illinois Military Family Relief Fund.
Source: Legislative text reproduced verbatim
Plain English

Under 765 Ill. Comp. Stat. 705 § 16, Illinois service members—and qualifying family members living with them—have the right to end a residential, mobile home, farm, or non-residential lease early when called to military service exceeding 29 consecutive days, or when receiving orders for a permanent change of station or deployment of at least 90 days. Termination takes effect 30 days after the landlord receives written notice, or 30 days after the next rent due date if rent is paid monthly. Any prepaid rent or security deposit must be returned, minus documented damages. A landlord who refuses a valid termination under this section commits a civil rights violation under the Illinois Human Rights Act.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 18, 2026

Plain English — not legal advice.

For Property Managers

Operators covered by 765 Ill. Comp. Stat. 705 § 16 generally accept a qualifying service member's written termination notice accompanied by a copy of the relevant military orders. Compliant landlords calculate the effective termination date—30 days after notice or 30 days after the next rent due date—and promptly return any prepaid rent and security deposit beyond documented damages. Refusing a valid termination under this section can constitute a civil rights violation under the Illinois Human Rights Act, with civil penalties directed to the Illinois Military Family Relief Fund.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 765 Ill. Comp. Stat. 705 § 16 gives Illinois service members and co-residing family members the right to break a lease early by delivering a written notice and a copy of qualifying military orders to the landlord. Once notice is delivered, the lease ends 30 days later (or 30 days after the next rent due date for monthly leases), and prepaid rent and security deposits must be returned. Tenants who believe a landlord has wrongfully refused a valid termination may explore filing a complaint under the Illinois Human Rights Act or consult a tenant-rights organization for guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2013
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Purpose

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