Cal. Civ. Code § 9-106.2
Affirmative defense for violence; barring persons from property
Operative Text
Affirmative defense for violence; barring persons from property. (a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is: (1) based solely on the tenant's, lessee's, or household member's status as a victim of domestic violence or sexual violence as those terms are defined in Section 10 of the Safe Homes Act, stalking as that term is defined in the Criminal Code of 2012, or dating violence;(2) based solely upon an incident of actual or threatened domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member;(3) based solely upon criminal activity directly relating to domestic violence, dating violence, stalking, or sexual violence engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control, and against the tenant, lessee, or household member; or(4) based upon a demand for possession pursuant to subsection (f) where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises. (b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services. (c) Nothing in subsection (a) shall prevent the landlord from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the violence referred to in subsection (a). (d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property. (e) Nothing in subsection (a) shall prevent the landlord from seeking possession against the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based. (f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant. (g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property.
Illinois law under 735 Ill. Comp. Stat. 5 § 9-106.2 creates an affirmative defense in eviction proceedings for tenants, lessees, or household members who are victims of domestic violence, dating violence, stalking, or sexual violence, when the eviction demand is based solely on that status or on incidents directly tied to such violence. The defense must be supported by at least one form of documented evidence, such as medical, court, or police records, or a statement from a victim services professional. The law also gives landlords authority to formally bar non-tenant individuals from their property in writing, and any barred person who enters after receiving proper notice may be subject to criminal trespass charges under Illinois law.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-106.2, compliant property operators are generally careful not to initiate eviction proceedings against a tenant solely because that tenant is a victim of domestic violence, dating violence, stalking, or sexual violence, as doing so may be defeated by an affirmative defense raised in court. Landlords retain the ability to pursue eviction against a perpetrator of violence within the household, or against a victim whose continued presence poses an actual and imminent threat to others on the property. When exercising the authority to bar a non-tenant from the premises under subsection (f) and (g), operators typically provide clear written notice to the tenant and, where appropriate, to the barred individual, and understand that a tenant's invitation to a barred person may be treated as a lease breach.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9-106.2 of 735 Ill. Comp. Stat. 5 provides tenants and household members who are victims of domestic violence, dating violence, stalking, or sexual violence with a potential affirmative defense if an eviction action is based solely on their victim status or on violence directed at them. To raise this defense, tenants generally need to present supporting documentation such as police or medical records, court records, or a written statement from a victim services or medical professional. Tenants who believe this provision applies to their situation may benefit from reaching out to a local tenant-rights organization or legal aid office for general information about how affirmative defenses work in Illinois eviction proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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