| Tenant Protected Actions (good faith req’d) |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords To Retaliate in Illinois?
In Illinois, it’s illegal for landlords to retaliate using raised rent, reduced services, eviction, or lease cancellation against tenants who have, in good faith, taken one of the following protected actions:
- Complaining to the landlord or the government about failure to maintain the property
- Participating in a tenant organization, including asking for assistance with a landlord violation
- Pursuing rights or remedies given by Illinois landlord-tenant laws
- Testifying in court or an administrative proceeding against the landlord
- Exercising any other lawful right or remedy
Illinois courts have ruled other types of retaliation also are illegal, as determined case by case. Mobile home tenants have separate but almost identical standards protecting them against retaliation.
What Can Tenants Do in Response in Illinois?
Illinois tenants have all of the following remedies available when a landlord retaliates:
- Terminate the rental agreement without penalty and recover the security deposit
- Recover possession of the property if the landlord has threatened or filed eviction
- Recover monetary damages equal to 2x costs, or 2 months’ rent (whichever is greater)
- Recover reasonable attorney fees
Sources
- 1 765 ILCS 721/5
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It is declared to be against public policy of the State for a landlord to take retaliatory action against a tenant. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith done any of the following:
(1) complained of code violations applicable to the premises to the relevant governmental agency, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
(2) complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization;
(3) sought the assistance of a community organization to remedy a code violation or illegal landlord practice;
(4) complained or requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement;
(5) organized or become a member of a tenants’ union or similar organization;
(6) testified in any court or administrative proceeding concerning the condition of the premises; or
(7) exercised any right or remedy provided by law.
Source Link - 2 765 ILCS 721/15 & 721/20
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Sec. 15. An action is not retaliatory if the landlord can prove a legitimate, non-retaliatory basis for the action; or the landlord began the action before the tenant engaged in the protected activity.
Sec. 20. In an action by or against the tenant, if within one year before the alleged act of retaliation there is evidence that the retaliation was against tenant’s conduct that is protected under this Act, that evidence creates a rebuttable presumption that the landlord’s conduct was retaliatory. The presumption does not arise if the protected tenant activity was initiated after the alleged act of retaliation.
Source Link - 3 American Management Consultant v. Carter, 392 Ill. App. 3d 39, 54 (Ill. App. Ct. 2009) (internal citations omitted)
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[C]ircumstances may arise where a landlord’s action in seeking to evict a tenant is so invidiously motivated and so contravenes public policy that the court could not implement the eviction in a forcible entry and detainer proceeding.
Source Link - 4 765 ILCS 745/16
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The retaliation portion of the Mobile Home Landlord and Tenant Rights Act, 765 ILCS 745/16, codifies a similar statutory prohibition against eviction of mobile home tenants for enforcing rights, complaints to authorities, or participation in tenant organizations.
Source Link - 5 765 ILCS 721/10
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If the landlord acts in violation of this Act, the tenant has a defense in any retaliatory action against the tenant, and a landlord shall be subject to a civil action for damages and other appropriate relief, including, but not limited to, the following remedies:
(1) terminate the rental agreement and, if the rental agreement is terminated, the landlord shall return all security and interest recoverable under the Security Deposit Return Act and all prepaid rent;
(2) recover possession of the premises if the landlord has dispossessed, threatened to dispossess, or is in the process of dispossessing; and
(3) recovery of an amount equal to and not more than 2 months’ rent or 2 times the damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees.
Source Link
