Understanding Eviction Defenses: Conditions Issues Decrease Rent Claim
A tenant can use a defense (legal reason) to ask the judge to throw out an eviction case. In this article, we'll explore one defense called "landlord noncompliance."
- Counterclaim for Recovery: If your landlord files an eviction against the tenant for not paying rent, the tenant has the right to defend or counterclaim. This means a tenant can make a claim back against the landlord for any amount they owe the tenant under the rental agreement or the rules outlined in this chapter. For example, if the tenant believes they overpaid for the value of the reduced value of the unit or if they paid for repairs.
- Paying Rent into Court: If a tenant decides to counterclaim, the court may ask the tenant to pay all or part of the rent owed into the court. This helps ensure fairness while the dispute is being resolved. The court will then determine the amount that is due to each party - the tenant and the landlord.
- Payment to the Parties: The party that is owed a net amount after considering both claims will be paid first from the money deposited in the court. The remaining balance will be paid to the other party.
- Judgment for Tenant: If, after going through this process, it turns out that no rent is owed by the tenant to the landlord, the court will enter a judgment in favor of the tenant. This means the tenant wins the case.
- Landlord's Attorney's Fees: Generally, the tenant is not responsible for paying for the landlord's attorney. However, if the court decides the tenant's defense has no merit, then the tenant must pay the landlord's reasonable attorney fees.
Section 5-3-7-5 of the Evanston RLTO.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.