Understanding Retaliation: Mount Prospect Regulations 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 retaliates in violation of the Mount Prospect Landlord and Tenant Regulations, the tenant can give written notice to terminate the lease and move out.
  • If the tenant chooses to terminate the lease, the landlord must return the security deposit, interest, and prepaid rent within 30 days after the tenant moves out.

Defense and counterclaim in an eviction case:

  • If a landlord acts in violation of the Mount Prospect Regulations, 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 and the damages, costs, and fees that the court awards. 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 and the damages, costs, and fees that the court awards.
  • The tenant has five years to sue the landlord for the violation. The 5-year countdown starts on the day that the violation happens.

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

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

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