Defense Against Unlawful Eviction
If you are being evicted from your apartment but haven’t been paying your rent on time, you may have a defense against unreasonable eviction. You may have the right to stay in the apartment, even if you haven’t paid the rent for months. However, if you’ve been given an incorrect notice, you may have a defense against unreasonable. If you’ve been evicted because you’ve not paid the rent, you should learn more about the law and the proper way to handle your case so ask your local Chicago landlord and tenant lawyer for explanation.
Listed below are common counterclaims and defenses tenants can use to win their evictions. These are the most common types of eviction claims. If you are a tenant, you can also use a retaliation defense if the eviction is in response to your actions such as reporting code violations, asking for repairs, or complaining about poor living conditions. This defense allows you to claim that your landlord was aware of the bad conditions and did nothing to rectify them. If the landlord did know, he can dismiss your lawsuit if the security deposit covers your damages.
Another common counterclaim is that the landlord did not properly maintain the rental unit. In this case, the landlord did not give the tenant an adequate notice to vacate. It may not be the landlord’s fault that the tenant was late with his rent. But if the landlord sent you a new notice after you filed your defense, you may be able to win your eviction case by proving that the eviction was done legally.
If your landlord has failed to fix the problems, you can file a motion for a new trial. Your landlord must have given you enough time to remedy the problem, or you may lose the case altogether. If you can prove that the problem is so severe that it is not livable, he can request a judgment. Otherwise, the landlord must pay your rent or put it into an escrow account. If he hasn’t fixed the problem, he has the right to ask you for money damages.
In addition to requesting a new trial, you can also appeal your eviction. You need to prove that you disagreed with the landlord on the facts and the law. If your landlord is unable to make the unit livable, you can move out. If your landlord is able to fix the problem, the court will not be hesitant to allow you to remain in the property. This can also result in a large amount of money.
Retaliatory eviction occurs when a landlord tries to evict a tenant due to their complaints against them. The landlord may have been retaliating against you because you complained about the problems, but if you’ve reported the violations, he won’t be able to evict you. The landlord should make this clear in the eviction papers and contact the court on your behalf.