Understanding Retaliation: How a Landlord Can Defeat a Retaliation Claim

Under the Oak Park Residential Tenant and Landlord Ordinance, there is a rebuttable presumption that the landlord’s conduct is retaliatory within one year of the protected action. This means that the landlord is presumed by the court to have retaliated against a tenant unless the landlord can prove some legitimate business reason for terminating the tenancy, increasing rent or otherwise changing the rental agreement.

Potential legitimate business reasons:

• The tenant unjustifiably paid no rent for some time and owes the landlord money.
• The tenant breached the rental agreement by disturbing neighbors, by having pets, or by violating some other provision in the rental agreement.

A landlord might also make up a supposed legitimate reason. But the landlord will not win his or her case unless there is proof that the alleged legitimate reason actually exists.

What can a tenant do?

A tenant may write down all the actions that they took to assert their rights under the RTLO. A tenant’s journal or diary, copies of all notices and letters sent, photos, and names of witnesses can be invaluable in a retaliation case. If a landlord tries to retaliate against a tenant by illegally locking the tenant out, or shutting off an essential utility, a tenant should consider calling the police.