Navigating the Illinois Safe Homes Act: Extra Protections for Survivors of Sexual Violence

The Illinois Safe Homes Act is a law that helps people who have experienced domestic violence and sexual violence, including dating violence, stalking, child abuse, and elder abuse. 

Who can use this law?

The Safe Homes Act covers tenants who live in private rental housing or most subsidized housing (with the exception of public housing).

• The tenant experiencing domestic or sexual violence ;and
• Other household members.

One way to terminate your lease under the Safe Homes Act is if you are facing an imminent credible threat of harm.

For survivors of sexual violence, sexual assault, and sexual abuse to terminate their lease without a credible threat of harm, they must:

1. Tell the landlord or property manager: Within 3 days of leaving the home (before or after), the tenant must give written notice.
   1. State the reason: the tenant is moving out because of sexual violence against the tenant or someone in the tenant’s household;
   2. State that the sexual violence occurred within 60 days;
   3. Include evidence: a police report, medical record, court record, or a statement from a victim service organization or rape crisis organization. Note: Unlike when a survivor is terminating their lease due to a credible threat of harm, documentation must be included for this type of lease termination, but the survivor can choose which documentation they provide.
   4. Click here for an example of written notice.

2. Move out and return keys: After giving written notice, the tenant needs to take out all their belongings from the unit and give back the keys to the landlord or property manager when they leave. If they don’t, then the tenant might still be responsible for the unit and rent.

3.  Security Deposit: The landlord must return any security deposit and interest, because this is a lawful termination of the lease.

4. Closure: If possible and safe to do so, the tenant should try and get closure around the tenancy by confirming that the landlord received the keys, and that no balance is owed on the unit. This can protect against the landlord filing a small claims or eviction case against the tenant in the future.

If a tenant has a housing subsidy, a tenant has more things to consider to keep their subsidy. A tenant in subsidized housing should transfer it under the Violence Against Women Act.

Tenants who follow the law correctly will not be responsible for rent due after they leave. To read more about what happens if the landlord sues the tenant for the rent after leaving the apartment, click here or the article at the bottom of the page.