Understanding Retaliation: Illinois Landlord Retaliation Act

If the tenant’s building falls into one of the categories not covered by the Chicago Residential Landlord Tenant Ordinance, it will still be covered by the Illinois Landlord Retaliation Act.

Under 765 ILCS 721/5, landlords cannot retaliate against a tenant for doing any of the following:

• Complaining about a legitimate code violation (building code, health ordinance, or similar regulation) to any government authority;
• Complaining of a building, housing, or health code violation or an illegal landlord practice to a community organization;
• Seeking help from a community organization to remedy a code violation or illegal landlord practice;
• Requesting repairs
• Organizing or becoming a member of a tenants' union or similar organization;
• Testifying in any court or administrative proceeding about the conditions; or
• Exercising any right or remedy provided by law.

Landlord actions that can count as retaliatory:

• Terminating a lease
• Increasing rent
• Decreasing services
• Refuse to renew a lease or tenancy

The landlord has a chance to prove that their conduct was not retaliation. They can show that there's a legitimate non-retaliatory reason OR they can show that the action happened before the protected activity.

Penalties against the landlord for retaliation:

• The tenant can choose to terminate the lease. Then, the landlord must return all recoverable security deposit and interest and prepaid rent.
• The tenant can choose to return to the property.
• The tenant can sue for damages equal to 2 months' rent or 2 times the damages experienced (whichever is greater), plus reasonable attorney's fees.