Victims of domestic violence and sexual violence have been given important new rights in a new Illinois law called the Safe Homes Act. The Safe Homes Act went into effect on Jan. 1 and applies to Illinois landlords and tenants.
Under the act, tenants who are under a credible imminent threat of domestic violence and/or sexual violence can leave their apartments and break their leases as long as they give their landlords written notice three days before or after leaving their apartment. Landlords will not be able to claim future lost rent after the tenant vacates the apartment as long as the tenant can establish that ( 1 ) s/he was under a credible imminent threat of domestic and/or sexual violence, or was in fact the victim of sexual violence, and ( 2 ) s/he gave written notice to the landlord that s/he was vacating the apartment because of the credible imminent threat of violence or the actual sexual violence, and the written notice was given to the landlord three days before or after vacating the apartment.
In passing the statute, the Illinois General Assembly seeks to reduce domestic violence, sexual assault, dating violence and stalking. The Safe Homes Act is intended to enable victims of such violence to be able to escape the threat of violence by relocating without fear of reprisal from their landlords for breaching their apartment leases. Both landlords and tenants are given protections in the specific circumstances addressed by the law.
Although a tenant will not be liable to a landlord for rent after the date on which the tenant vacated the apartment, the tenant will still be liable for any rent accruing before the date on which the tenant vacated the apartment, however.
The threat of violence can be against the tenant or to any member of the tenant's household. The tenant must demonstrate a credible and imminent threat of domestic violence and/or sexual violence. The tenant may also show actual sexual violence to receive protection under the law as long as the sexual violence occurred within 60 days ( or as soon as possible if the victim is in the hospital or shelter, or under counseling ) from the date of vacating the apartment and submitting a written notice to the landlord. The tenant must also provide one of the following forms of evidence of the violence: a medical report; court record or order; police report; or a statement from an employee of a victim services/domestic violence/rape crisis organization.
Tenants with written leases may also order their landlords to change their locks if they are under a credible imminent threat of domestic violence or sexual violence. Tenants must give notice to the landlord with one of the forms of evidence stated previously. Upon receiving notice to change the locks, the landlord must do so within 48 hours; however, the landlord can charge the tenant for the necessary expense of changing the locks. If the landlord fails to change the locks after receiving notice, the tenant may change the locks without approval from the landlord, as long as the tenant gives the landlord a copy of the new key within 48 hours of changing the locks. If the tenant changes the locks, the new locks must be of similar or better quality than the originals.
The Safe Homes Act applies to all landlords and tenants in the state of Illinois except for tenants in public housing. Tenants in public housing receive similar protection under the Violence Against Women Act of 2005.
Jonathan Dixon is the principal of the Law Offices of Jonathan Dixon, P.C. Dixon concentrates his practice in the areas of real estate law, condo law, landlord/tenant law, estate planning, elder law, personal injury, divorce, employment discrimination and housing discrimination. A member of the Chicago Bar Association, Illinois State Bar Association and the Illinois Real Estate Lawyers Association, Dixon hosts 'Ask The Lawyer Night' on the first Tuesday of each month at Ennui Café, 6981 N. Sheridan. Dixon can be reached at JDixon@yourpersonallawyer.com or 312-217-0321.
