A tenant can use a defense (legal reason) to ask the judge to throw out the eviction case. Some eviction defenses are:

Rent payment

• You do not owe the amount of money your landlord claims you owe.
• You paid all the rent money within the required time.
• Your landlord's failure to make necessary repairs reduced the value of your apartment by more than the rent due.

Service of eviction notice or eviction case

• Your eviction notice does not contain the required information, for example, the date of notice, the amount owed, the lease provision allegedly violated, or other required information.
• Your landlord did not give you notice on how to end your lease in the right way, in other words your landlord did not properly serve a termination notice (use our Motion to Dismiss if this applies to you).
• You were not given the Complaint and Summons in the right way.
• Your landlord filed the eviction case against you before the time on the eviction notice expired.
• In Cook County, if your landlord does not file an eviction case within 30 days of giving you a termination notice. They can do this at the end of the rental period though (whichever is longer) after telling you that they plan to end your lease.

No lease violation (Innocence) or fixed lease violation (Cured)

• You did not violate the terms of your lease. For example, your landlord may be trying to evict you because they claim you had a loud party. However, you were not at home on that date and no one was in your apartment.
• You fixed the lease violation within the period to fix it. For example, your landlord may be trying to evict you because you left personal belongings in the shared hallway. But, you removed your belongings from the hallway within the required time.
• Your landlord agreed that you could do something to make up for the lease violation and you did it in the time period.
• Some other person who is not you, your household member, or your guest violated the lease.
• After your landlord discovered your violation, they accepted rent or signed a new lease with you. 

Utilities or building conditions needing repairs

• Your landlord fails to supply your utilities (heat, hot water, electricity, gas) or fails to pay for utilities they agreed to pay.
• Your landlord is not properly maintaining the apartment. Also, you believe you paid the landlord more money for rent than the apartment is worth.
• You sent the landlord a letter by certified or registered mail, informing the landlord of repairs that are required by law or in the lease. You plan to have these repairs done at the landlord's expense. If the landlord did not do the repairs within 14 days, you got the work done by a licensed tradesman or supplier. You then sent the landlord a copy of the paid bill and deducted the costs from your usual rent (up to $500 or half your monthly rent, whichever is less).
• Your landlord is evicting you because you requested repairs.
• Your landlord is evicting you because you reported a problem in the building to a public official (like the city's building department).

Renewal of tenancy

• You and your landlord have signed a new lease.
• Or, your landlord reaffirmed the lease by their actions. The most common way a landlord does this is by taking rent from you after the termination period has ended. This can even happen during the eviction case.

Illegal landlord actions

• Your landlord has forced you out of the property without an eviction order from the court. For example, the landlord may have changed the locks on the property.
• Your landlord is illegally discriminating against you.
• Your landlord took your personal belongings (valued more than the rent you owe) without your permission.
• Your landlord forced you to sign the lease.
• Your landlord made promises to you to sign the lease, but they have not kept those promises.
• Your landlord retaliates against you for complaining of code violations or because you requested repairs. Examples of retaliation may include threatening to evict you or refusing to renew your lease.  

Domestic or gender-based violence or abuse

• Your eviction is based on your status as a victim of domestic abuse, sexual abuse, or stalking.
• The eviction is based on an incident of actual or threatened domestic or sexual violence, or stalking, against a tenant.
• Your case is based on the criminal activity related to domestic violence against the tenant.
• Your case is based on the violation of a bar order, and the tenant did not willingly allow that person on the property.

Suburban Cook County Eviction Defenses

The Cook County Residential Tenant and Landlord Ordinance (CCRTLO) applies to almost all residences except: 

• Units in owner occupied buildings with 6 units or less.
• Units in hotels (including motels, inns, bed-and-breakfast establishments, boardinghouses and rooming houses) unless rent is paid monthly and the unit is occupied more than 32 days.
• School dormitories, shelters, employee's quarters, non-residential properties, extended care facilities, geriatric facilites, and owner occupied co-ops.
• A single family home or condo if the owner is only renting that one rental property and the owner or an immediate family member has lived in the home within the year. 

If you are in suburban Cook County (not Evanston or Mt. Prospect) some eviction defenses are:

• Your landlord locked you out instead of filing a proper eviction case in court.
• Your landlord is evicting you because you asked for repairs or complained, .
• Your landlord entered the unit unlawfully (landlords must give 2 days notice before entering unless it is an emergency).
• Your landlord is ending your lease after they accepted rent knowing you broke it.
• You paid past due rent and filing fees before the eviction order.
• Your landlord did not give you 5 day notice for nonpayment of rent.
• Your landlord did not give you a 10 day notice to comply with the terms of the lease.
• Your landlord did not file an eviction action within 30 days after telling you they are ending your lease (the lease is still in effect).
• You tried to pay the amount listed in the 5 day notice, but your landlord refused the money.

Chicago Eviction Defenses

In Chicago, you now have similar rights to Cook County if you are covered by the Chicago Residential Tenant Landlord Ordinance (RTLO). The RLTO covers all units in Chicago, except:

• Units in owner-occupied buildings with six (6) or fewer units (though the CRLTO still forbids unlawful lock-outs).
• Units in hotels, motels, rooming houses, unless rent is paid monthly and unit is occupied more than 32 days.
• School dormitory rooms, shelters, employee’s quarters, non-residential rental properties.
• Owner-occupied co-ops and condos.

If you are covered by the Chicago RLTO, some eviction defenses are:

• Your landlord is evicting you because you complained about a code violation to the city.
• Your landlord is evicting you because you requested repairs.
• You are a member of a tenant's union.
• You have testified in any court against your landlord.
• Your landlord accepts rent due knowing that there is a default in payment.
• Your landlord retaliated against you by threatening to end your lease or to evict you.
• You used your one time right to pay past due rent with filing fees before the eviction order. This does not include attorney fees.
• You tried to pay all of the rent that was due (including court costs) before the trial date, but your landlord refused to accept it.

Get free help with your Chicago eviction.

Counterclaims

You may also bring a counterclaim in your eviction case. Counterclaims are legal claims that you have against the plaintiff about the issues in the case. For example, let's say you are being evicted for nonpayment of rent, but your landlord has refused to repair your apartment. If you think you paid more rent than what the apartment is worth, you may have a counterclaim. As a counterclaim, you could ask that the landlord make repairs or offset future rent payments. In Chicago and suburban Cook County, you may bring a counterclaim for money damages in cases of retaliation. However, asking for money damages in an eviction case is usually not an option. You may bring your counterclaim in the eviction case, but the judge may say that claim is not appropriate in the eviction case. If that happens, you might sue the landlord in small claims court.