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SAFE  HOMES ACT

765 ILCS 750

State law provides remedies for tenants who are victims of sexual violence or domestic violence in their homes.   The Act provides that:

 

Ø      Tenants will not be liable for rent due after moving out of an apartment or house if the reason for moving was that a member of the tenant household was a victim of sexual violence on the premises, provided that written notice is given as required in this law.

 

Ø      Tenants must give the landlord written notice prior to or within 3 days of moving out that the reason for moving out was that a household member was a victim of sexual violence on the premises. The incident must have occurred not more than 60 days prior to the date of giving the written notice to the landlord.  The notice must include:

 

o        The date the sexual violence occurred

 

o        One form of the following types of evidence: medical, court or police evidence of sexual violence, or a statement from an employee of a victim services or rape crisis organization from which the tenant or a member of the tenant’s household sought services.

 

Ø      Tenants will not be liable for rent due after moving out of an apartment or house if the reason for moving was that a member of the tenant household was under “a credible imminent threat of domestic or sexual violence at the premises” provided that the tenants gave written notice to the landlord prior to or within 3 days of moving out that the reason for moving was because of a credible imminent threat of domestic or sexual violence. 

 

(ROOMMATES are jointly, legally liable for the lease; therefore, one roommate cannot exercise her or his rights  under this law independent of the other roommates.   Contact the Tenant Union for advice about how to deal with roommate situations before giving notice under the provisions of this Act)

 

Ø      Tenants may request that a landlord change the locks of the dwelling unit if they reasonably believe that one or more household members face a credible imminent threat of domestic or sexual violence at the premises from a person who is not a tenant under the lease. 

 

o        Written notice of the request signed by all tenants who signed the lease must be sent to the landlord with at least one form of evidence: medical, court or police evidence of domestic or sexual violence or a statement from an employee of a victim services, domestic violence, or rape crisis organization from which the tenant sought services.

 

o        The landlord must change the locks within 48 hours of receiving the notice or give the tenants permission to change locks.  The landlord may charge a fee for the lock change.  If tenants change the locks, they must give the landlord a key.

 


The Tenant Union does not provide legal services of any kind. All information provided in this publication is intended to help the average person prevent problems and deal with common concerns of renting. When legal help is needed, always consult with an attorney at law.
The URL for these pages is http://www.tenantunion.uiuc.edu

This page was last updated on 2/27/07

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