Understanding Retaliation: Evanston RLTO
Retaliation is illegal under the Evanston Residential Landlord and Tenant Ordinance (“RLTO”).
What is a "protected activity" a tenant can take without being punished by their landlord?
- Complaining about conditions issues and requesting that the landlord make repairs;
- Complaining about conditions issues to a governmental agency charged with enforcement; or
- Becoming a member of a tenant’s union; or
- Exercising a right or remedy under the Evanston RLTO.
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 Evanston law.
What: Under the Evanston RLTO, a landlord must not knowingly:
- 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 Evanston RLTO, 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