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Domestic Abuse is an Affirmative Defense for Terminating a Lease

By Larry Bettag

Mortgage and Lending with Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 NMLS ID# 158606

March 10, 2014 04:39 AM

I wasn't aware of this in Illinois. Even as an attorney. But as the world spins and we continue to learn, under the Illinois Annotated Statutes, a person can vacate a lease without recourse if:

the court finds that at the time that the tenant vacated the premises the tenant or a member of the tenants family was under credible imminent threat of domestic or sexual abuse while at the premises; and
the tenant gave written notice to the landlord at least 3 days prior to vacating the premises and delineates that the reason for vacating is the imminent threat of domestic or sexual abuse while at the premises.

Illinois is such a wierd and backward state, but it appears that they got one thing right here. Take note!!!!

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Myrl Jeffcoat

Sacramento, CA

Greater Sacramento Realtor - Retired

This is the first time of heard of this, Larry! I don't know if that holds true in California or not.

Mar 13, 2014 11:51 AM

Laura Cerrano

Feng Shui Manhattan Long Island - Locust Valley, NY

Certified Feng Shui Expert, Speaker & Researcher

THANK GOODNESS!

Love and light,

Laura

Mar 13, 2014 01:41 PM

Lynn B. Friedman CRS Atlanta, GA 404-617-6375

Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA

Concierge Service for Our Atlanta Sellers & Buyers

Dear Larry -
Thanks for the news about IL. Wonder how many states in all offer that to Tenants??? Maybe a survey is in order??
Have a happy day -
Lynn

Mar 13, 2014 01:46 PM

Laura Andersen

Keller Williams Realty Partners ~ 678.462.1191 agentandersen@gmail.com - Woodstock, GA

A HomeSOLD Name (678)462-1191 Woodstock, Georgia

Good to know that there are states that do the right thing to protect their state citizens against the potential of a violent act. Kudos to Illinois.

Mar 13, 2014 11:10 PM

Jody Siano

Keller Williams Princeton - Princeton, NJ

With You Every Step

I hope my state of NJ has this. I learn something all the time here on Active Rain. Thanks for sharing.

Mar 13, 2014 11:19 PM

Jordan Gouger

Keller Williams Realty Inc. - Austin, TX

Helping you to achieve your housing goals!

I believe that we have something similar here in Texas.

Mar 14, 2014 12:04 AM

Mary Ann Smith,

Keyes 786-278-6598 www.MarySmith.Keyes.com - Kendall, FL

Thank you very much for this information, I have to check and see if Florida has this.

Mar 14, 2014 12:11 AM

Beth and Richard Witt

New York, NY

The best Retired Brokers !!!!

Not sure is this applies to New York but I'm curious so I'll look into it ..

Mar 14, 2014 12:36 AM

Ed Tseng

El Sobrante, CA

This is a good law ... it's better than someone getting killed on your rental, isn't it? Or your property being the subject in a fight between tenants.

Mar 14, 2014 01:23 AM

John Dotson

Preferred Properties of Highlands, Inc. - Highlands, NC - Highlands, NC

The experience to get you to the other side!

That is certainly a weird law, and I have never heard of it before, but I think I like it.

Mar 14, 2014 01:38 AM

Michael J. O'Connor

Diamond Ridge Realty - Corona, CA

Eastvale - 951-847-4883

The item #1 sounds like what would happen if a landlord went after a tenant when the lease was broken with only 3 days notice.

My personal opinion is that a copy of a protective order should provided to the landlord with the tenant's 3 day notice (or within a reasonable timeframe after, like a week). Couldn't this otherwise be a loophole easily abused by tenants looking for an easy contract termination?

I absolutely think that everyone needs to work towards preventing domestic or sexual abuse so I am glad to see that something is on the books in your area.

Thanks for sharing ~ great job!

Mar 14, 2014 02:54 AM

Kimo Jarrett

Cyber Properties - Huntington Beach, CA

Pro Lifestyle Solutions

I agree with Michael, #37, however, as professionals we should investigate our state's laws to determine if this type of law does exist and if so, how it might impact our clients. Thanks for the post.

Mar 14, 2014 04:28 AM

Paddy Deighan MBA JD PhD

http://www.medicalandspaconsulting.com - Vail, CO

Paddy Deighan J.D. Ph.D

it seems to be a trens to recognize such affirmative defenses and this is a good thing, IMHO

Mar 14, 2014 04:42 AM

Dennis Burgess

AmeriTeam Property Management - Mid Florida, FL

Orlando Property Manager and Realtor

Hi, Larry: Wow....and not necessarily a good wow. For prefacing purposes, I grew up with and withstood domestic violence throughout my younger years. Myself and all 3 of my siblings were abused, and my epilepsy is owing to scar tissue on my brain resulting from chronic abuse.

That said, I find this to be somewhat of a slippery slope. Invoking the utmost amounts of both sympathy and empathy with any victims of tragic and horrific circumstances, I'm putting that aside in donning the hat which reminds me that both real estate and rental properties are businesses. They are neither charities nor social service organizations- and should shoulder no onus of being treated as same.

Without interpreting Illinois' law or seeking to give legal advise (which we all know would be a felony), my reading of both Illinois' "Safe Homes Act" and Section 103 Illinois Statues' definitions of household members leaves a ton of latitude in these cases that I can envision doing a great deal of harm to landlords who have played no part whatsoever in any turmoil or strife that might lead a tenant to bounce out of their place.

The "Safe Homes Act" (and please feel free to correct me if any of my understanding is more an exercise in misunderstanding, Larry) as I see it primarily addresses scenarios where a tenant is sued by a former landlord for a lease break- saying that "In any action brought by a landlord against a tenant to recover rent for breach of lease, a tenant shall have an affirmative defense..."

For such an action to arise, the alleged victim would've left the rental- but it seems that the alleged perpetrator would have also left the property without payment of rent. A suit wouldn't be brought if they'd stayed on and paid as agreed. So if that were the case, the alleged victim could've stayed, right?

In cases where an alleged victim fled- with the alleged perpetrator remaining behind for a period of time before ultimately bailing without paying themselves, is the statute designed solely to serve the alleged victim? Don't know about Illinois, but here in Florida we have no mechanism or practice for holding one tenant party liable and another party harmless.

My next issue with this involves the fact that there's no requirement for a conviction of any sort in order to receive this relief. One being accused of domestic violence is much different from one being convicted of the same- and I have precious little faith in having some sort of family court judge's decreeing what would/wouldn't constitute a "credible or imminent threat" worthy of relieving a civil liability such as a tenants' obligation to pay rent.

Lastly, the list of parties being afforded relief in these scenarios is staggering. The law says that it covers the "tenant or a member of tenant's household" under a threat- and on its face that seems like a pretty good thing. But when looking at the definition of household used (as defined by Illinois Statutes 103 (6)), it's a bit hard to think of one who couldn't claim this defense. Included are former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers...

Again, a ton of "covered folks" who stand to cost a landlord money based on accusations alone.

Mar 14, 2014 05:13 AM

Gene Riemenschneider

Home Point Real Estate - Brentwood, CA

Turning Houses into Homes

Probably a pretty good idea. But I think the Landlord should be able to collect from the abuser, if they can.

Mar 14, 2014 07:18 AM

Nina Hollander, Broker

Coldwell Banker Realty - Charlotte, NC

Your Greater Charlotte Realtor

I don't handle rentals, so this is news to me. But now I'm incentivized to go find out more about NC laws, as I do have clients who own investment properties for rental.

Mar 14, 2014 08:08 AM

Cathy Wolters

Wolters Realty & Property Management Company - Cocoa, FL

Your Brevard County Property Management Expert

Larry, very interesting topic thanks for sharing. I have never heard of this, it is a pretty broad description as far as who could claim this.

Mar 14, 2014 11:52 AM

Jan Green - Scottsdale, AZ

Value Added Service, 602-620-2699 - Scottsdale, AZ

HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Wow Larry, great blog to share with anyone in these circumstances. It's good that they have a "safe" exit strategy if this happens.

Mar 15, 2014 03:03 AM

Christi Farrington

Dagny's Real Estate - Wilton, CT

~ Your representative in Fairfield County, CT

Good information, Larry. Thank you. Question: does the person vacating need to have proof? What if it's "he says, she says".

Mar 17, 2014 08:39 AM

John Oman

Newington, CT

Don't think we have anything like this in CT law books. Does any one know????

Mar 19, 2014 03:53 AM

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