As a landlord, I understand what you are feeling, your tenants have stopped paying you rent, they wont leave, you have bills to pay, you want them out now.....but dont make a BIG mistake. Do not retaliate against your tenant. In Chicago, we have very tenant friendly rules. If you retaliate against a tenant, you can face BIG fines.
5-12-150 Prohibition On Retaliatory Conduct By Landlord (Chicago Residential Landlord Tenant Ordinance)
It
is declared to be against public policy of the City of Chicago for a
landlord to take retaliatory action against a tenant, except for
violation of a rental agreement or violation of a law or ordinance. A
landlord may not knowingly terminate a tenancy, increase rent, decrease
services, bring or threaten to bring a lawsuit against a tenant for
possession or refuse to renew a lease or tenancy because the tenant has
in good faith:
(a) complained of code violations
applicable to the premises to a competent governmental agency, elected
representative or public official charged with responsibility for
enforcement of a building, housing, health or similar code; or
(b)
complained of a building, housing, health or similar code violation or
an illegal landlord practice to a community organization or the news
media; or
(c) sought the assistance of a community
organization or the news media to remedy a code violation or illegal
landlord practice; or
(d) requested the landlord to
make repairs to the premises as required by a building code, health
ordinance, other regulation, or the residential rental agreement; or
(e) becomes a member of a tenant's union or similar organization; or
(f) testified in any court or administrative proceeding concerning the condition of the premises; or
(g) exercised any right or remedy provided by law.
If
the landlord acts in violation of this section, the tenant has a
defense in any retaliatory action against him for possession and is
entitled to the following remedies: he shall recover possession or
terminate the rental agreement and, in either case, recover an amount
equal to and not more than two months rent or twice the damages
sustained by him, whichever is greater, and reasonable attorney's fees.
If the rental agreement is terminated, the landlord shall return all
security and interest recoverable under Section 5-12-080 and all prepaid
rent. In an action by or against the tenant, if there is evidence of
tenant conduct protected herein within one year prior to the alleged act
of retaliation, that evidence shall create a rebuttable presumption
that the landlord's conduct was retaliatory. The presumption shall not
arise if the protected tenant activity was initiated after the alleged
act of retaliation.
Posted by Bradford Miller Law, P.C.
Real Estate Law, Landlord Tenant Law, Estate Planning
134 N. LaSalle, Suite 1040
Chicago, IL 60602
312-238-9298
http://www.bradfordmillerlaw.com
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