Tenant Protection for Illinois’ Domestic Violence Victims

 Posted on December 00, 0000 in Landlord-Tenant Dispute

Data from the National Coalition Against Domestic Violence (NCADV) shows that approximately 20 people per minute are abused by an intimate partner. In some cases, the violence extends beyond cuts and bruises; the victim's life is truly in danger. What does this mean for you as a landlord? The following explains the tenant protections offered to domestic violence victims under Illinois state law, and it provides you with details on where to find assistance if you need further guidance or advice in a specific tenant-landlord situation.

Examining the Tenant's Rights

Tenants who are being abused by a family member have the right to terminate their lease early, should they so choose. However, they can also request to have their abuser evicted and the locks changed. As a landlord, you are required to comply with these protections. You should also be aware that domestic violence is considered a viable defense to an eviction, which may already be underway by the time you learn of the abuse. Sadly, this can leave you feeling a little caught off-guard, and it may even cause you to overlook your own rights as a landlord.

Examining the Landlord's Rights

Having to provide accommodations for victims does not necessarily mean a loss. You can bifurcate the lease and extend living space to a victim, but not their abuser. You also have a right to request documentation of the abuse as proof, should an eviction or early termination of the lease occur. Just remember that you cannot disclose to anyone that the victim has exercised their rights under the domestic violence protection law; to do so could cost you greatly.

When to Hire an Attorney

If you believe that a tenant is trying to abuse the protection, if you suspect there may be severe damage to your property, or if you wish to bring a civil case against the abuser to recover losses, it is important that you have an advocate on your side. An attorney can help you navigate the process, and they can help to ensure you do not violate the laws that protect victims.

At Lindell & Tessitore, P.C., we have extensive knowledge of the tenant-landlord laws in Illinois, and we can work to ensure your investment property is safeguarded. Dedicated and experienced, our Naperville real estate lawyers will fight for you. Learn more about how we can assist with your unique situation by scheduling a personalized consultation. Call our offices at 630-778-3818 today.

Sources:

http://ncadv.org/learn-more/statistics

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2201&ChapterID=62