What is the consequence if a lease is broken due to a natural disaster?

If a lease is broken due to a natural disaster, the consequence is that the lease is terminated without penalty. This is grounded in the concept of frustration of purpose or impossibility of performance, which occurs when an unforeseen event makes it impossible for one or both parties to fulfill their obligations under the lease.

In the case of a natural disaster, the rental property might be rendered uninhabitable or unusable, effectively nullifying the tenant's ability to occupy the premises. In many jurisdictions, including Illinois, the law allows for leases to be terminated under such circumstances, freeing both the tenant and the landlord from their obligations without penalties. This recognition supports equitable treatment and acknowledges that neither party can be held responsible for circumstances beyond their control.

The option regarding the tenant needing to pay rent until the property is repaired does not hold true, as the tenant's obligation to pay rent is contingent upon having the right to occupy the property, which is compromised by the disaster. Similarly, holding the tenant responsible for future rent is not applicable in these scenarios because the lease is effectively considered void due to the circumstances that led to its termination.