After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee.
9-213.1.Duty of landlord to mitigate damages.
Article IX. Eviction · Part 2. Recovery of Rent; · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSince January 1, 1984, Illinois law has required landlords to take reasonable steps to limit the damages they can collect from a tenant who defaults on a lease, rather than letting losses pile up unchecked.
Full Text of 735 ILCS 5/9-213.1
Plain-English Summary
Section 9-213.1 is short, but it changes how much a landlord can recover after a tenant defaults. After January 1, 1984, a landlord or the landlord's agent must take reasonable measures to mitigate the damages recoverable against a defaulting lessee, rather than leaving a unit empty and letting rent damages accumulate for the rest of the lease term.
The duty applies broadly to a defaulting lessee, and it interacts with the rent-recovery and holdover remedies found elsewhere in this Part, including Sections 9-201, 9-202, and 9-209, by shaping what counts as recoverable damages once a landlord has decided to pursue a defaulting tenant.
The statute fixes its own starting point: the duty runs to damages arising after January 1, 1984, the date named in the text.
Frequently Asked Questions
What must a landlord do after a tenant defaults on a lease?
Take reasonable measures to mitigate the damages recoverable against the defaulting tenant.
Since when has this mitigation duty applied?
January 1, 1984.
Does this section cap the total rent a landlord can recover?
Indirectly -- reasonable mitigation efforts affect how much in damages remains recoverable against the defaulting lessee.
Who besides the landlord can satisfy this duty?
The landlord's agent.
Does this section spell out what counts as reasonable measures?
No, the statute states the duty itself without listing specific required steps.
Amendment History
(Source: P.A. 84-1043.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: landlord duty to mitigate damages illinoisre-rent apartment after tenant leaves illinoislandlord must re-let unit illinoismitigation of damages lease default