This is general information about Illinois law, not advice about your specific circumstances. Statutes change and courts reinterpret them; for guidance on your own situation, consult a licensed Illinois attorney.
If you searched "765 ILCS 750/15" and "affirmative defense," the short answer is this: Section 15 of the Illinois Safe Homes Act contains two separate affirmative defenses a tenant can raise when a landlord sues for rent after the tenant fled a violent situation. Both are decided by a preponderance of the evidence, and both hinge on written notice given prior to or within 3 days of vacating. This post walks through each element, what the statute does not do, and the parallel defense that exists in eviction court.
What is the affirmative defense under 765 ILCS 750/15?
It is a defense to a rent claim, not a lease-termination right. Under 765 ILCS 750/15(a), in "any action brought by a landlord against a tenant to recover rent for breach of lease," a tenant has an affirmative defense — and no liability for "rent for the period after which a tenant vacates the premises" — if the court finds by a preponderance of the evidence that (1) at the time of vacating, the tenant or a member of the tenant's household was under a "credible imminent threat of domestic or sexual violence at the premises," and (2) the tenant gave the landlord written notice within the statutory window. The Act's stated purpose in 765 ILCS 750/5 is to let "victims of domestic or sexual violence and their families to flee existing dangerous housing" and to reduce "the devastating economic consequences thereof."
How many days do I have to notify my landlord?
Three days. 765 ILCS 750/15(a)(2) requires written notice to the landlord "prior to or within 3 days of vacating the premises," stating that the reason for vacating was the credible imminent threat. The statute specifies only that the notice be written — it does not prescribe certified mail, hand delivery, or any particular wording beyond stating the reason. The second defense in 765 ILCS 750/15(b)(2) uses the same 3-day window but adds a safety valve: notice "as soon thereafter as practicable" where the tenant could not reasonably give notice in time, such as hospitalization or seeking assistance.
What does the second defense in Section 15(b) require?
Section 15(b) is a separate defense for a tenant who "was a victim of sexual violence on the premises that is owned or controlled by a landlord" and "has vacated the premises as a result of the sexual violence," per 765 ILCS 750/15(b). Its evidentiary bar is more specific than 15(a)'s: under 765 ILCS 750/15(b)(3)–(4), the sexual violence must have "occurred not more than 60 days prior to the date of giving the written notice," and the tenant must have "provided at least one form" of medical, court, or police evidence of sexual violence, or a statement from an employee of a victim services or rape crisis organization. This sexual-violence prong was added by P.A. 100-173, effective January 1, 2018.
Do I still owe the rent from before I left?
Yes. 765 ILCS 750/15(c) expressly preserves liability for rent for the period before the tenant vacated — the defense reaches only rent accruing after you vacate and give notice. Two related limits are worth stating plainly, because the statutory text is narrower than people expect. Section 15 is a defense to a claim for rent, framed as an action "to recover rent for breach of lease"; it is not written as a right to terminate the lease. And nothing in the section's text speaks to other categories of landlord claims.
Is there a separate affirmative defense in eviction court?
Yes — a parallel one. 735 ILCS 5/9-106.2 makes it "an affirmative defense to an action maintained under this Article IX" (the Eviction Article) where the demand for possession is based on the tenant's or a household member's status as a victim of domestic violence, dating violence, stalking, or sexual violence, or on an incident of such violence — supported by "at least one form of" medical, court, or police records, or a statement from a victim service organization employee or a medical professional. The same section preserves the landlord's ability to seek possession "solely against a tenant, household member, or lessee of the premises who perpetrated the violence," and against the whole household if continued tenancy "would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents." It dates to P.A. 96-1188, eff. 7-22-10, as amended by P.A. 97-1150, eff. 1-25-13.
Who counts as a covered tenant, and who is excluded?
Oral leases count; most public housing does not. Under 765 ILCS 750/10, a "tenant" is "a person who has entered into an oral or written lease with a landlord," so the defense is not limited to written leases. "Domestic violence" is defined by reference to "abuse" of a "family or household member" under Section 103 of the Illinois Domestic Violence Act of 1986, and "sexual violence" means any act of sexual assault, sexual abuse, or stalking. 750 ILCS 60/103 defines "abuse" as "physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation," and reaches spouses and former spouses, parents and children, people who share or formerly shared a dwelling, people with a child in common, and people in a current or former dating relationship. The key exclusion is in 765 ILCS 750/35: the Act does not apply to public housing assisted under the U.S. Housing Act of 1937 — but the tenant-based Housing Choice Voucher program IS covered.
Can my landlord write this defense out of the lease?
No. 765 ILCS 750/30 states the Act's protections "may not be waived or modified in any lease or separate agreement." Illinois went further as of January 1, 2026: the Summary of Rights for Safer Homes Act, 765 ILCS 752 (P.A. 103-1031), requires a landlord to "attach a copy of the summary of this Act as the first page of any written residential lease" — new or renewal — with a tenant signature acknowledging receipt. The summary is prepared by the Director of the Illinois Department of Human Rights and covers six laws, including the Safe Homes Act and the Eviction Article. A landlord who fails to comply is liable for "the greater of: (i) the tenant's actual damages, if any, not to exceed $2,000 or (ii) $100," plus court costs and attorney's fees for a prevailing tenant.
What else does the Safe Homes Act protect?
Two things beyond the rent defense: lock changes within 48 hours and confidentiality. Under 765 ILCS 750/20, a tenant facing a credible imminent threat may demand a lock change; the landlord must change the locks or give permission to change them within 48 hours of notice plus evidence, may charge a reasonable fee, and if the landlord fails, the tenant may change them in a workmanlike manner with locks of similar or better quality and give the landlord a key within 48 hours. Where the threat comes from someone who is also a lessee, or the lease is oral, a plenary order of protection or civil no contact order granting exclusive possession is required. If a landlord blocks a lawful lock change, 765 ILCS 750/25 allows a restraining order or injunction plus "reasonable attorney's fees and costs" — the sole and exclusive remedies for that violation. Separately, 765 ILCS 750/27 bars a landlord from telling a prospective landlord that a tenant exercised rights under the Act, and 765 ILCS 750/29 makes a violator liable for actual damages up to $2,000 plus reasonable attorney's fees and costs.
Start with the written notice
Every version of this defense runs through a dated, written notice. Under 765 ILCS 750/15, the 3-day written notice is what puts the defense in front of a judge — and a lock-change demand under Section 20 is written too. Keep a copy and a record of how you sent it. If you'd rather not draft from a blank page, our free letter-template library has tenant and landlord-dispute letters you can adapt.
Frequently asked questions
What is the affirmative defense under 765 ILCS 750/15? It is a defense in a landlord's suit to recover rent for breach of lease. If the court finds by a preponderance of the evidence that the tenant or a household member faced a credible imminent threat of domestic or sexual violence at the premises and the tenant gave written notice within 3 days of vacating, the tenant is not liable for rent for the period after vacating, per 765 ILCS 750/15(a).
How many days do I have to notify my landlord? Written notice must be given prior to or within 3 days of vacating under both 765 ILCS 750/15(a)(2) and 15(b)(2), with a limited "as soon thereafter as practicable" allowance under 15(b) if hospitalization or seeking assistance made timely notice impossible.
Do I still owe rent for the months before I left? Yes — 765 ILCS 750/15(c) preserves liability for rent that accrued before you vacated and gave notice.
What proof does the sexual-violence defense require? At least one form of medical, court, or police evidence of sexual violence, or a statement from an employee of a victim services or rape crisis organization — and the violence must have occurred not more than 60 days before the notice, under 765 ILCS 750/15(b)(3)–(4).
Does the Safe Homes Act apply to oral leases and public housing? Oral leases are covered, because 765 ILCS 750/10 defines a tenant as someone who entered "an oral or written lease." 765 ILCS 750/35 excludes public housing assisted under the U.S. Housing Act of 1937, except the tenant-based Housing Choice Voucher program, which is covered.
Can my lease waive the Safe Homes Act defense? No. 765 ILCS 750/30 states the Act's provisions "may not be waived or modified in any lease or separate agreement."