Understanding Retaliation: Oak Park RTLO 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 Oak Park RTLO, the tenant can give written notice to terminate the lease and move out within 30 days. If the tenant does not move out within 30 days, then the lease is back in effect.
- If the tenant chooses to terminate the lease, the landlord must return the security deposit within 3 days after the tenant moves out.
Defense and counterclaim in an eviction case:
- If a landlord acts in violation of the Oak Park RTLO, 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, or twice the damages sustained, whichever is greater. 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, or twice the damages sustained, whichever is greater. In addition, the tenant can recover reasonable attorneys' fees.
- The tenant has five years to sue the landlord for the violation. The 5-year countdown starts on the day that the violation happens.
If there is evidence of tenant conduct protected by law within one year before the alleged retaliation, the landlord has the burden of proving their actions were not retaliatory. However, if the tenant's protected activity was initiated after the alleged retaliation, the presumption of retaliation does not apply.
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.