Navigating the Illinois Safe Homes Act: How a Survivor of Domestic Violence Can Change the Locks
Tenants who are survivors of domestic or sexual violence can ask for a lock change when they are under a threat of violence at their home. The document to ask for a lock change differs depending on the type of lease and if the person causing harm is named on the lease.
If a tenant has a WRITTEN lease and the person causing harm is NOT on the lease:
- Give the landlord a written request from all tenants on the lease and include evidence.
- Examples of evidence include: a police report, medical records, court records, or a statement from a victim service organization or rape crisis organization from which the survivor sought services.
- Click here for an example of written notice.
- If the landlord does not change the locks or give you permission to change the locks within 48 hours of the written request, the tenant may change them without permission. A tenant and the landlord must make a good faith effort to give the new keys to each other within 48 hours. If a landlord tries to stop a tenant who is eligible for a lock change and the tenant followed the Safe Homes Act, a tenant can sue the landlord.
If a tenant has an ORAL lease or WRITTEN lease with the person causing harm, the tenant must have a Plenary Order of Protection or Civil No Contact order granting the tenant exclusive possession of the property. If they do, they should:
- Give the landlord a written request from all tenants on the lease (except the person causing harm) and include a copy of the court order with the notice. Click here for an example of written notice.
- If the landlord does not change the locks or give you permission to change the locks within 48 hours of the written request, the tenant may change them without permission. A tenant and the landlord must make a good faith effort to give the new keys to each other within 48 hours. If a landlord tries to stop a tenant who is eligible for a lock change and the tenant followed the Safe Homes Act, a tenant can sue the landlord.
Can the landlord charge for the lock change?
Yes. A landlord may charge a reasonable fee for the expense of the lock change. A tenant can ask if the housing provider can waive the cost of the lock change.
If the landlord refuses, can a tenant sue the landlord for a lock change?
Yes. Click here for a sample court document for having the locks changed.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.