Tenant Defenses to Evictions in Illinois

Under Illinois landlord-tenant law, a landlord can evict a tenant for a number of reasons, including not paying rent or violating a portion of the rental or lease agreement. However, a tenant might be able to prove that the eviction is not justified, or was done in some illegal manner, and subsequently delay or prevent an eviction from happening.

The Eviction Process in Illinois

Evictions in Illinois are regulated by the Illinois Code of Civil Procedure, and landlords must carefully follow these procedures in order to evict a tenant. There are two main reasons a tenant may be evicted: not paying rent on time or violating a portion of the lease or rental agreement.

• Failure to pay rent. The landlord must give the tenant five days' notice to pay the rent (this is called a notice to quit or notice to pay rent or quit). If the tenant doesn't pay the rent within the five days, then the landlord can proceed with filing an eviction lawsuit (also called a "forcible entry and detainer suit" in Illinois). (735 Ill. Comp. Stat. § 5/9-209 (2024).)
• Violating the lease or rental agreement. If the tenant is being evicted for violating a portion of the lease or rental agreement (for example, by having a dog when no pets are allowed), then the landlord must give the tenant 10 days' notice to move out of the rental unit. If the tenant doesn't move out of the rental unit within 10 days, then the landlord can proceed with filing an eviction lawsuit. (735 Ill. Comp. Stat. § 5/9-210 (2024).)

The landlord must file the eviction lawsuit in the courthouse of the county where the rental unit is located. The tenant will receive a copy of the complaint and a summons from the courthouse with a hearing date for the eviction lawsuit.

If the tenant decides to fight the eviction, the tenant must appear at the hearing. If the tenant chooses, the tenant can file an answer with the court before the hearing date. Filing an answer isn't required, though, unless the court orders it. (Ill. Sup. Ct. Rule 181(b)(2) (2024).) At the eviction hearing, the tenant will need to tell the judge all the defenses the tenant wishes to use to fight the eviction. At that time, the judge will make a final decision about whether the eviction is lawful and whether the tenant has to move out of the rental.

Keep in mind that it might not always be worth it to fight an eviction because it can be costly and take quite a bit of time. A tenant who loses the eviction case could end up paying the landlord's court and attorneys' fees. Depending on the situation, it might make more sense to try and negotiate with the landlord, especially if you only need a few more days to pay rent or move out. Many communities have free or low-cost mediation services that handle landlord-tenant disputes.

Tenant Defenses for Fighting an Eviction in Illinois

Several defenses, or legal grounds, are available to tenants who want to fight an eviction in Illinois. Here are some of the more common ones.

Landlord Evicted Tenant Using "Self-Help" Procedures

It is illegal for a landlord to try to evict a tenant without a court order. This type of eviction is often referred to as a "self-help" or illegal eviction, and it can include such actions as changing the locks or shutting off utilities. (735 Ill. Comp. Stat. § 735/1.4 (2024).) If the landlord tries to evict the tenant through one of these methods, without a court order, the landlord could owe the tenant damages.

Landlord Did Not Follow Proper Eviction Procedures

Landlords in Illinois must follow the proper procedures for evicting a tenant. For example, the landlord cannot file the eviction lawsuit until the landlord has given the tenant a notice to quit and the proper time frame has elapsed, either 5 or 10 days depending on the reason for the eviction.

A landlord who doesn't follow the proper procedures in evicting the tenant (for example, by filing the eviction lawsuit too early), will have to start the eviction process over from the very beginning. The tenant can use evidence that the landlord did not follow legally-required procedures as a defense to the eviction.

This defense will not stop an eviction completely if the landlord is justified in evicting the tenant. Instead, the tenant will just have more time to live in the rental unit before being evicted.

Tenant Has A Reason for Not Paying Rent

A tenant who is being evicted for not paying rent might have a few other defenses.

Tenant Has Paid All Rent Due and Owing

If the landlord gives the tenant a five-day notice to quit for not paying rent, then the tenant has the option to either pay the rent in full or move out of the rental unit during those five days. If the tenant pays the rent in full during the five days, the landlord cannot proceed with the eviction lawsuit. (735 Ill. Comp. Stat. § 5/9-209 (2024).) If the landlord proceeds with filing an eviction lawsuit anyway, the tenant can use the payment of rent during the five days as a defense to the eviction.

Landlord Failed to Make Repairs at Rental Unit

In Illinois, every lease or rental agreement has an implied promise that the rental unit will be safe and sanitary. If a rental unit isn't livable, the landlord has an obligation to make repairs. There is no set housing standard in Illinois for rental units, but all rental units must adhere to city housing codes (when applicable) and must be safe and sanitary. For example, an apartment must have a working heat source. If the landlord is notified of needed repairs and fails to make the repairs, a tenant can use the landlord's failure to make the necessary repairs as a defense against an eviction for nonpayment of rent (see Glasoe v. Trinkle, 479 N.E.2d 915 (Ill. Sup. Ct. 1985) and Jack Spring, Inc. v. Little, 280 N.E.2d 208 (Ill. Sup. Ct. 1972)).

Landlord Is Evicting Tenant in Retaliation of Tenant's Legal Actions

It is illegal for a landlord to evict a tenant because the tenant made a complaint to a government authority about housing code or health code violations. (765 Ill. Comp. Stat. § 720/1 (2024).) Evicting a tenant for this reason is illegal retaliation. If a tenant makes a good-faith complaint to a government agency about the living conditions of the rental unit, and the landlord tries to evict the tenant, then the tenant can use retaliation as a defense to the eviction.

Landlord Has Discriminatory Basis for Evicting Tenant

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, sex (including gender identity and sexual orientation), national origin, familial status (including children under the age of 18 and pregnant women), and disability.

The Illinois Human Rights Act names additional forms of illegal discrimination: immigration status, source of income, and arrest record. (775 Ill. Comp. Stat. § 5/3-102 (2024).)

If a landlord evicts a tenant in violation of the federal Fair Housing Act or the Illinois Human Rights Act, then the tenant can use the discrimination as a defense against the eviction.

Tenant Resources for Fighting an Eviction in Illinois

For more general information on evictions and tenant rights, see the Illinois State Bar Association's landlord-tenant webpage. Illinois Legal Aid also has useful information about evictions. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Evictions in Chicago

Chicago has a slightly different set of eviction procedures, one of which is that the tenant has the right to fix a lease violation upon receiving a ten-day notice to quit because of a lease violation. If the tenant fixes the violation within the ten-day time frame, the landlord cannot proceed with the eviction. This option is only available in Chicago. Tenants living elsewhere do not have the right to fix a lease violation and must move out upon receiving a ten-day notice to quit, unless they are going to challenge the eviction.

For more information on defending an eviction lawsuit in Chicago, visit Cook County Legal Aid for Housing and Debt. The Chicago Building Code can also be found online at the City of Chicago's website.

Find Your Specific County Courthouse

Eviction lawsuits must be filed in the county where the rental property is located. It can be very helpful to a tenant to find out more about how the courthouse operates when defending against an eviction lawsuit. The Illinois Circuit Court website has a listing of each county courthouse. Sometimes court websites will have useful forms and information for tenants to use when defending against an eviction lawsuit.

When to Hire an Experienced Tenants' Lawyer

If you have a complicated eviction case or defense or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You might especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

If you qualify for legal aid you might be able to get some help. See Illinois Legal Aid for more information on resources available in Illinois.

More Information on Evictions and Terminations

For more articles on the subject, visit Nolo's Evictions and Terminations section. For a comprehensive guide on tenant rights, see Every Tenant's Legal Guide (Nolo).