Enacted in 2007, the Safe Homes Act is an Illinois state law designed to protect renters who are victims of domestic or sexual violence. This includes survivors of dating violence, stalking, child abuse, and sexual assault.
Under the Safe Homes Act, renters who are experiencing violence have the right to:
- End their lease early without being held responsible for the remainder of the rent, if staying in the unit would threaten their or their child’s physical safety.
- Request a lock change to prevent their abuser from accessing the home.
These protections empower survivors to take steps toward safety without facing housing instability or financial penalties.
Who Is Protected Under The Safe Homes Act?
The Safe Homes Act protects renters in Illinois living in private rental housing, federally subsidized housing, or who are participants in the Housing Choice Voucher program.
The Safe Homes Act does not apply to renters living in public housing.
When Does The Safe Homes Act Apply?
The Safe Homes Act applies when:
- A renter is facing a credible imminent threat of domestic or sexual violence at the property, or
- A renter or household member experienced an incident of sexual violence on the premises within the last 60 days
What Is a Credible Imminent Threat?
Something is considered a credible imminent threat of domestic violence if it imposes a risk of harm to a household member. Examples include:
- A stalker parking outside a renter’s home
- An abuser finding out the renter’s address
- An abuser coming to the renter’s job, implying they might come to the home next.
How Does a Renter Exercise Their Right To Break a Lease Under the Safe Homes Act?
To break a lease under the Safe Homes Act, a renter must:
- Submit a written notice to their landlord outlining that they are leaving their unit and breaking their lease due to a credible imminent threat of domestic violence or sexual violence on the premise
- Provide notice before or within three days of moving out
If the reason is a past incident of sexual violence, the notice must also include:
- The date of the incident(s), and
- One form of evidence, such as police, medical record, or court documents, or a statement from an employee of a victim services, domestic violence, or rape crisis organization from which the victim sought services.
What Rent Is Someone Responsible For Under The Safe Homes Act?
After the renter asserts their rights under the Safe Homes Act, they are not responsible for rent that accrues after they move out. The landlord also cannot use the security deposit to cover rent that accrues after the renter moves out.
However, the Safe Homes Act does not provide a defense for past-due rent that accrued before the renter moved out. It also does not provide a defense against eviction if the renter chooses to stay in the unit and cannot pay rent.
How Can a Renter Request a Lock Change Under the Safe Homes Act?
If the abuser is not on the lease:
- The renter can ask the landlord to change the locks by giving written notice signed by all leaseholders
- The notice must include one form of evidence, such as court or police evidence of domestic/sexual violence or a statement from an employee at a victim services, domestic violence, or rape crisis organization.
If the abuser is on the lease or there’s an oral agreement:
- The renter must also provide a plenary order of protection or civil no-contact order that gives them exclusive possession of the unit
How Fast Does a Landlord Have To Change The Locks Under The Safe Homes Act?
A landlord has 48 hours to change the locks or give permission for the renter to change the locks. If the landlord fails to respond, the renter can change the locks without the landlord’s permission. The landlord can also charge a reasonable fee for changing the locks.
Free Housing Help in Lake County and North Suburban Cook County?
North Suburban Legal Aid Clinic (NSLAC) is committed to helping renters with housing legal issues living in Lake County and north suburban Cook County. NSLAC can assist renters in exercising their rights under the Safe Homes Act to ensure they are able to break a lease or have their locks changed. To schedule a consultation, please contact info@nslegalaid.org or call 847-737-4042. NSLAC also provides legal aid in the areas of immigration and domestic violence.
