Public Act 095-0378
 
SB0534 Enrolled LRB095 10746 WGH 31070 b

    AN ACT concerning property.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Safe Homes Act is amended by changing
Sections 20 and 25 as follows:
 
    (765 ILCS 750/20)
    Sec. 20. Change of locks.
    (a) (1) Written leases. Upon written notice from all
tenants who have signed as lessees under a written lease, the
tenants may request that a landlord change the locks of the
dwelling unit in which they live if one or more of the tenants
reasonably believes that one of the tenants or a member of
tenant's household is under a credible imminent threat of
domestic or sexual violence at the premises from a person who
is not a lessee under the lease. If the threat of violence is
from a person who is not a lessee under the written lease,
notice Notice to the landlord requesting a change of locks
shall be accompanied by at least one form of the following
types of evidence to support a claim of domestic or sexual
violence: medical, court or police evidence of domestic or
sexual violence; or a statement from an employee of a victim
services, domestic violence, or rape crisis organization from
which the tenant or a member of the tenant's household sought
services. If the threat of violence is from a person who is a
lessee under a written lease, notice to the landlord requesting
a change of locks shall be accompanied by a plenary order of
protection pursuant to Section 219 of the Illinois Domestic
Violence Act of 1986 or Section 112A-19 of the Code of Criminal
Procedure of 1963, or a plenary civil no contact order pursuant
to Section 215 of the Civil No Contact Order Act, granting the
tenant exclusive possession of the premises. The tenant
requesting a change of locks shall not be required to obtain
written notice from the person posing a threat who is a lessee
under the written lease, provided that the notice is
accompanied by a plenary order of protection or a plenary civil
no contact order granting the tenant exclusive possession of
the premises.
    (2) Oral leases. Upon written notice from all tenants who
are lessees under an oral lease, the tenants may request that a
landlord change the locks of the dwelling unit in which they
live if one or more of the tenants reasonably believes that one
of the tenants or a member of tenant's household is under a
credible imminent threat of domestic or sexual violence at the
premises. Notice to the landlord requesting a change of locks
shall be accompanied by a plenary order of protection pursuant
to Section 219 of the Illinois Domestic Violence Act of 1986 or
Section 112A-19 of the Code of Criminal Procedure of 1963, or a
plenary civil no contact order pursuant to Section 215 of the
Civil No Contact Order Act, granting the tenant exclusive
possession of the premises. The tenant requesting a change of
locks shall not be required to obtain written notice from the
person posing a threat who is a lessee under the oral lease,
provided that the notice is accompanied by a plenary order of
protection or a plenary civil no contact order granting the
tenant exclusive possession of the premises.
    (b) Once a landlord has received notice of a request for
change of locks and has received one form of evidence referred
to in Section (a) above, the landlord shall, within 48 hours,
change the locks or give the tenant the permission to change
the locks. If the landlord changes the locks, the landlord
shall make a good faith effort to give a key to the new locks to
the tenant as soon as possible or not more than 48 hours of the
locks being changed.
        (1) The landlord may charge a fee for the expense of
    changing the locks. That fee must not exceed the reasonable
    price customarily charged for changing a lock.
        (2) If a landlord fails to change the locks within 48
    hours after being provided with the notice and evidence
    referred to in (a) above, the tenant may change the locks
    without the landlord's permission. If the tenant changes
    the locks, the tenant shall make a good faith effort to
    give a key to the new locks to the landlord within 48 hours
    of the locks being changed. In the case where a tenant
    changes the locks without the landlord's permission, the
    tenant shall do so in a workmanlike manner with locks of
    similar or better quality than the original lock.
    (c) The landlord who changes locks or allows the change of
locks under this Act shall not be liable to any third party for
damages resulting from a person being unable to access the
dwelling.
(Source: P.A. 94-1038, eff. 1-1-07.)
 
    (765 ILCS 750/25)
    Sec. 25. Penalty for violation.
    (a) If a landlord takes action to prevent the tenant who
has complied with Section 20 of this Act from changing his or
her locks, the tenant may seek a temporary restraining order,
preliminary injunction, or permanent injunction ordering the
landlord to refrain from preventing the tenant from changing
the locks. A tenant who successfully brings an action pursuant
to this Section may be awarded reasonable attorney's fees and
costs.
    (b) A tenant who changes locks and does not make a good
faith effort to provide a copy of a key to the landlord within
48 hours of the tenant changing the locks, shall be liable for
any damages to the dwelling or the building in which the
dwelling is located that could have been prevented had landlord
been able to access the dwelling unit in the event of an
emergency.
    (b-1) A landlord who changes the locks and does not make a
good faith effort to provide a copy of a key to the tenant
within 48 hours of the landlord changing the locks shall be
liable for any damages to the tenant incurred as a result of
not having access to his or her unit.
    (c) The remedies provided to landlord and tenant under this
Section 25 shall be sole and exclusive.
(Source: P.A. 94-1038, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.