Understanding Retaliation: Illinois Retaliatory Eviction 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 Retaliatory Eviction Act. This law is much weaker.
Under the Illinois Retaliatory Eviction Act, 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.
Landlord actions that can count as retaliatory:
- Terminating a lease
- Refuse to renew a lease or tenancy
The tenant needs to prove the following:
- The tenant complained to the government about a code violation.
- The government found a violation.
- The landlord got a notification about the violation.
- The landlord punished the tenant solely because of the tenant’s complaint.
It is best practice to keep a written record of all communications and happenings, because a tenant needs to have evidence of a "protected action" that was done before the landlord took action.
Penalties against the landlord for retaliation:
- The landlord cannot simply terminate or refuse to renew the lease/tenancy, even if the landlord would normally be allowed to do so
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.