765 Ill. Comp. Stat. 750 § 15
Affirmative defense
Operative Text
Affirmative defense. (a) In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord, if by preponderance of the evidence, the court finds that: (1) at the time that the tenant vacated the premises, the tenant or a member of tenant's household was under a credible imminent threat of domestic or sexual violence at the premises; and(2) the tenant gave written notice to the landlord prior to or within 3 days of vacating the premises that the reason for vacating the premises was because of a credible imminent threat of domestic or sexual violence against the tenant or a member of the tenant's household. (b) In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense and not be liable for rent for the period after which the tenant vacates the premises owned by the landlord, if by preponderance of the evidence, the court finds that: (1) a tenant or a member of tenant's household was a victim of sexual violence on the premises that is owned or controlled by a landlord and the tenant has vacated the premises as a result of the sexual violence; and(2) the tenant gave written notice to the landlord prior to or within 3 days of vacating the premises that the reason for vacating the premises was because of the sexual violence against the tenant or member of the tenant's household, the date of the sexual violence, and that the tenant provided at least one form of the following types of evidence to the landlord supporting the claim of the sexual violence: medical, court or police evidence of sexual violence; or 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; and(3) the sexual violence occurred not more than 60 days prior to the date of giving the written notice to the landlord, or if the circumstances are such that the tenant cannot reasonably give notice because of reasons related to the sexual violence, such as hospitalization or seeking assistance for shelter or counseling, then as soon thereafter as practicable. Nothing in this subsection (b) shall be construed to be a defense against an eviction action for failure to pay rent before the tenant provided notice and vacated the premises.(c) Nothing in this Act shall be construed to be a defense against an action for rent for a period of time before the tenant vacated the landlord's premises and gave notice to the landlord as required in subsection (b).
Under 765 Ill. Comp. Stat. 750 § 15, Illinois law establishes an affirmative defense that can shield a tenant from liability for rent owed after they vacate a rental unit, provided specific conditions are met. The defense applies when a tenant or household member faced a credible imminent threat of domestic or sexual violence at the premises, or was a victim of sexual violence there, and the tenant gave written notice to the landlord within three days of leaving. Importantly, this protection covers only the period after the tenant vacated and provided proper notice — it does not eliminate any rent obligations that accrued before that point.
Plain English — not legal advice.
Under 765 Ill. Comp. Stat. 750 § 15, compliant operators generally recognize that a tenant who vacates due to domestic or sexual violence and provides timely written notice may not owe rent for the period following their departure. Operators typically maintain clear records of any written notices received from tenants citing safety-related reasons for vacating, including the date the notice was received. Rent obligations that accrued before the tenant vacated and gave proper notice remain enforceable, so operators generally track the precise timeline of notice and vacancy when evaluating any outstanding balance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
765 Ill. Comp. Stat. 750 § 15 provides tenants with a legal defense against a landlord's claim for unpaid rent after vacating, when the departure was driven by a credible imminent threat of domestic or sexual violence, or by sexual violence that occurred on the premises within the past 60 days. To preserve this defense, written notice to the landlord — given before or within three days of leaving — is a key requirement, and for sexual violence claims, supporting documentation such as medical, court, or police records, or a statement from a victim services organization, must accompany that notice. Tenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or legal aid provider familiar with Illinois housing law to understand the full scope of available protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 2, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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