Understanding Retaliation: Chicago RLTO Remedies

Tenants have legal protection against retaliation from their landlords. For example, if a tenant reports unsafe living conditions or requests repairs, the landlord cannot punish them for it. If the landlord does retaliate, the tenant has the right to defend themselves and seek remedies.

Terminate the lease:

• If a landlord acts in violation of the Chicago RLTO, the tenant can terminate the lease and move out.
• If the tenant chooses to terminate the lease, the landlord must return all security deposits, interest, and prepaid rent.

Defense and counterclaim in an eviction case:

• If a landlord acts in violation of the Chicago RLTO, the tenant can defend themselves in court if the landlord tries to evict them. After proving retaliation, the tenant can recover an amount equal to and not more than two months' rent, or twice the damages sustained, whichever is greater. In addition, the tenant can recover reasonable attorneys' fees.

Affirmative lawsuit against the landlord:

• Even if the landlord hasn't filed an eviction, a tenant can go on the offensive.
• After proving retaliation, the tenant can recover an amount equal to and not more than two months' rent, or twice the damages sustained, whichever is greater. In addition, the tenant can recover reasonable attorneys' fees.
• The tenant has 5 years to sue the landlord for the violation. The 5-year countdown starts on the day that the violation happens.

If there is evidence of tenant conduct protected by law within one year before the alleged retaliation, the landlord has the burden of proving their actions were not retaliatory. However, if the tenant's protected activity was initiated after the alleged retaliation, the presumption of retaliation does not apply.

It is important for tenants to know their legal rights and seek help if they believe their landlord is retaliating against them.