Navigating the Illinois Safe Homes Act: Terminating the Lease Early Amid Domestic or 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 tenant experiencing domestic or sexual violence; and
- Other household members.
The Safe Homes Act covers tenants who live in private rental housing or most subsidized housing (with the exception of public housing).
How to end the lease?
A tenant needs to go through the following steps under the Illinois Safe Homes Act:
- Real threat: There needs to be a "credible imminent threat" of harm on the premises.
- Tell the landlord or property manager: Within 3 days of leaving the home (before or after), the tenant must give the landlord or property manager written notice explaining the threat of future violence on the premises.
- Click here for a sample notice.
- The tenant does not need to provide other proof (like a police report or court order). Their own statement is enough to terminate their lease.
- Remind the housing provider that they must keep your information confidential.
- 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.
- Security deposit: The landlord must return any security deposit and interest because this is a lawful termination of the lease.
- 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.
To read more about the extra protections available for victims of sexual violence, click here or the article at the bottom of the page.
Tenants who properly use the law 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 due after leaving the apartment, click here or the article at the bottom of the page.
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.