Understanding Retaliation: Cook County RTLO
Retaliation is illegal under the Cook County Residential Tenant and Landlord Ordinance (“RTLO”).
What is a "protected activity" a tenant can take without being punished by their landlord?
- Requested that the landlord make repairs;
- Complained about conditions issues to the local buildings department;
- Complained about the conditions issues or illegal landlord practice to a community organization or the news media;
- Ask for help from a community organization or news media to resolve conditions issues or illegal landlord practice;
- Become a member of a tenant’s union; or
- Testified in any court or administrative hearing about the conditions issues.
What is considered retaliation after the tenant takes one of the above actions in good faith?
The what (action that the landlord takes) and when (when the landlord acts) matters for determining whether the landlord retaliated in violation of the Cook County law.
What: Under the Cook County RTLO, a landlord must not knowingly:
- Terminate the lease
- Increase rent
- Decrease services (like withholding essential services or closing off the laundry room)
- Threaten to or file an eviction case
- Refuse to renew the lease
When:
- If the tenant's protected action happens after the alleged retaliation, then the landlord's action is not presumed to be retaliation.
- If the tenant's protection action happens within 1 year before the alleged retaliation, then the landlord's action is presumed to be retaliation. However, the landlord has a chance to prove their actions were not retaliatory.
To read about the options a tenant has after a landlord has retaliated in violation of the Cook County RTLO, click here.
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.