If you’ve been evicted from your Chicago apartment, it is important to know your legal rights when it comes to fighting your landlord. You may be able to show that the eviction was illegal or wasn’t justified. In this article, we’ll briefly discuss the legal defenses tenants have in Illinois. It is essential to hire an attorney to represent you if you’re facing eviction.
When a landlord attempts to evict a tenant, they must give you written notice that the eviction is unauthorized. In addition, they must give you adequate notice. A tenant rights lawyer may choose not to take the case, but it is best to consult with one to protect your rights. You may find that a landlord has violated your rights and isn’t even aware of it. The best way to protect your rights is to hire an attorney who is experienced in landlord-tenant law in Chicago.
In addition to a landlord’s failure to provide notice, tenants can also use the right of possession to challenge the eviction. Under the Warranty of Habitability, landlords are obligated to keep their apartment in a reasonable condition and repair any damages. A tenant can use this defense in court to fight for their right to stay, but they must prove their landlord was responsible for the damages. In order to use this defense, tenants must prove that they have not complied with the law or have not repaid the security deposit.
A landlord who violates this tenant-tenant law can be fined up to two months’ rent and reasonable attorney’s fees. If the landlord fails to give notice, the tenant can sue for damages and attorney fees. If a landlord refuses to provide possession, the tenant can sue for attorney’s fees and two months of rent. The RLTO was last updated in Chicago in 2020. The updated law also includes new tenant rights such as the right to give fair notice before an increase.
A landlord can also be sued in small claims court for breaching tenant rights. In addition, landlords can also be sued for a breach of tenants’ rights by failing to disclose code citations. Fortunately, there are many resources that can help a tenant in these situations. If you are a landlord, it is important to consult an attorney to determine what legal recourses you have.
In most cases, the landlord must give the tenant at least ten days’ notice before the eviction process can begin. If a tenant refuses to leave during that time, the landlord may file an eviction lawsuit. However, if the tenant pays the full amount of rent within the ten-day window, the landlord cannot move forward with the eviction lawsuit. If you successfully argue the tenant’s legal right to stay in their Chicago apartment, you’ll have a fighting chance of defending yourself.