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 "eviction case," here's the short answer first: Section 15 is the affirmative-defense provision of the Illinois Safe Homes Act. It does not stop a landlord from removing you. What it does is let a domestic- or sexual-violence victim who fled a dangerous home avoid liability for rent that comes due after they vacate — provided they gave the landlord written notice within 3 days. This post walks through exactly how that defense works and what a court needs to see.
What is 765 ILCS 750/15?
765 ILCS 750/15 is the section titled "Affirmative defense" inside the Safe Homes Act (765 ILCS 750), which took effect January 1, 2007 under P.A. 94-1038. The Act's stated purpose in 765 ILCS 750/5 is to reduce domestic violence, dating violence, sexual assault, and stalking by enabling victims and their families to flee dangerous housing and to reduce the financial fallout of doing so. Section 15 is the tool that carries out that purpose in a rent dispute: under 765 ILCS 750/15, in a landlord's action to recover rent for breach of lease, a tenant is not liable for rent accruing after they vacate if the court finds, by a preponderance of the evidence, that at the time of vacating the tenant or a household member was under a credible imminent threat of domestic or sexual violence at the premises.
Does 765 ILCS 750/15 stop an eviction?
Not on its own — and this is the single most important thing to understand. An eviction is a separate court process a landlord uses to recover possession of the property, which requires its own court order; that is legally distinct from a suit merely to recover unpaid rent, as Cornell's Legal Information Institute explains. Section 15 operates in the rent/breach-of-lease setting, not the possession setting. Practically, that means if you have already left the unit and the landlord is now suing you for money, 765 ILCS 750/15 is the defense you raise against the rent claim — it does not let you stay in the unit or bar the landlord from recovering possession.
What notice and proof does the affirmative defense require?
The core requirement is written notice within 3 days. To invoke the imminent-threat defense in 765 ILCS 750/15, the tenant must have given the landlord written notice prior to or within 3 days of vacating, stating that the reason for leaving was a credible imminent threat of domestic or sexual violence. The court then decides, by a preponderance of the evidence, whether that threat existed at the premises when the tenant left. Keep a dated copy of the notice and proof of how you delivered it — that document is what puts the defense in front of the judge. One limit to know up front: the defense does not excuse rent owed for the period before you vacated and gave notice; it only reaches rent that accrues after you leave.
What does the sexual-violence defense require?
Written notice within 3 days of vacating, the date of the incident, third-party evidence, and proof the violence occurred within the prior 60 days. This is Section 15's second, separate defense, for a tenant or household member who was a victim of sexual violence on the premises and vacated as a result. Under 765 ILCS 750/15, this version requires written notice within 3 days of vacating (or as soon as practicable), the date of the violence, and supporting medical, court, or police evidence — or a statement from a victim-services or rape-crisis employee. Critically, the violence must have occurred not more than 60 days before the notice. So the evidentiary bar here is more specific than the imminent-threat defense: you are documenting a past incident with a date and third-party corroboration, inside a fixed 60-day window.
Who counts as a covered tenant or victim?
The Act defines its key terms in 765 ILCS 750/10. A "tenant" is a person who entered into an oral or written lease as lessee. "Domestic violence" is defined by reference to Section 103 of the Illinois Domestic Violence Act of 1986, and "sexual violence" means any act of sexual assault, sexual abuse, or stalking under the Criminal Code of 2012. Because "domestic violence" cross-references a separate statute, the precise conduct that qualifies is drawn from that Act rather than spelled out in Section 10 itself — worth flagging to any attorney you consult so the definitions line up with your facts.
Can my lease waive these Safe Homes Act rights?
No — these protections are non-waivable. 765 ILCS 750/30 states plainly that the Act's provisions "may not be waived or modified in any lease or separate agreement." So a clause in your lease purporting to give up Safe Homes Act rights, or a side agreement signed at move-in, does not defeat the Section 15 defense. If a landlord points to lease language, that language cannot override the statute.
What other protections does the Safe Homes Act give tenants?
Beyond the rent defense, two more: the right to have the locks changed within 48 hours, and the right to sue for injunctive relief plus attorney's fees when a landlord blocks a lawful lock change. Under 765 ILCS 750/20, on a tenant's request with the required evidence, the landlord must change the locks (or let the tenant do so) within 48 hours; if the landlord changes them, it must make a good-faith effort to give the tenant a key within 48 hours, and if the landlord fails to act, the tenant may change the locks in a workmanlike manner with locks of similar or better quality. Where the threat comes from another lessee, the tenant must present a plenary order of protection or civil no-contact order granting exclusive possession. And under 765 ILCS 750/25, a tenant can seek injunctive relief and recover reasonable attorney's fees and costs when a landlord interferes with a lawful lock change — the Act provides for actual damages and fees but sets no fixed dollar penalty.
Before you hire a lawyer: put your notice in writing
The Safe Homes Act defense lives or dies on that written, dated notice to your landlord. Whether you are giving the required 3-day notice, requesting a lock change under 765 ILCS 750/20, or responding to a rent demand, a clear letter that states your reason for vacating and references the statute creates the paper trail a court needs. If you'd rather start there, our free letter-template library has tenant and landlord-dispute letters you can adapt to your situation.
Frequently asked questions
What is 765 ILCS 750/15? It's the "affirmative defense" section of the Illinois Safe Homes Act, letting a domestic- or sexual-violence victim who fled their home avoid liability for rent that comes due after they vacate, if they gave the landlord written notice within 3 days. See 765 ILCS 750/15.
Does 765 ILCS 750/15 stop an eviction? Not by itself. It's a defense to a landlord's suit to recover rent after you've vacated; recovering possession is a separate court action, as Cornell LII notes.
What notice and proof does the Safe Homes Act require? Written notice within 3 days of vacating stating the reason was a credible imminent threat; the sexual-violence defense also needs the incident date, medical/court/police evidence, and violence within the prior 60 days, per 765 ILCS 750/15.
Can my lease waive these rights? No — 765 ILCS 750/30 states the Act's provisions may not be waived or modified in any lease or separate agreement.
Does the defense wipe out all the rent I owe? No. It does not excuse rent owed for the period before you vacated and gave notice — only rent accruing after you leave, under 765 ILCS 750/15.