Navigating the Illinois Safe Homes Act: What Happens if the Landlord Sues the Tenant for Rent After Move Out?
The Illinois Safe Homes Act gives anyone in a household who is a victim of domestic or sexual violence the right to end the lease early and leave their home.
If the landlord sues the tenant for rent, the tenant has a special defense called an "affirmative defense."
- This defense can prevent a landlord from trying to collect rent from a survivor who has lawfully terminated their lease under the law.
- To be able to prove this defense in court, it is helpful if the survivor has documentation that they complied with the law. Documentation includes:
- The written notice that the tenant gave to the landlord when terminating their lease; and
- If they are terminating their lease due to sexual violence but are not under a credible imminent threat of harm, a police report, medical record, court record, or a statement from a victim service organization or rape crisis organization.
If the tenant does not follow every step to terminate the lease, then the tenant might still be held responsible for the rent.
To review the steps for survivors of domestic violence, click here.
To review the steps for survivors of sexual violence, click here.
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.