Lockouts: Landlord’s Common Defenses to Lockout Claims
Lockouts are illegal. But, sometimes the landlord will claim they had a reason for the lockout.
Landlord's Defense |
Is it a valid defense? |
Important Info |
| "The tenant abandoned the premises." | Maybe. | If the tenant denies abandoning the rental property, then there needs to be a hearing. The judge looks at all the facts and decides. "Abandonment" has a very specific legal definition. |
| "I have a judgment for possession against the tenant." | No. | Only the Sheriff can enforce an eviction order. 55 ILCS 5/2-6019. |
| "The tenant violated the lease." | No. | The landlord may have a strong claim for possession, but the landlord needs to first go to court. |
| "The tenant remained at the premises after the lease expired." | No. | The landlord may have a strong claim for possession, but the landlord needs to first go to court. |
| "I needed to make important emergency repairs." | Maybe. | If the landlord didn't interfere with possession any longer than necessary to make the repairs, then it may be a valid defense. |
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