Legal Question in Landlord & Tenant Law in Illinois

I am a defendant in a Small Claims case and we are planning to bring counter suit. However, the plaintiff is only one of the two tenants. We need to add the other tenant as a counter defendant as we are counter-claiming for damages and lost rent and they were both on the lease.

I am not wanting to add a third party defendant but rather a second counter defendant, but can't seem to find the mechanism. Would I just modify the third party form? Or is there a better method?


Asked on 3/29/17, 5:14 am

1 Answer from Attorneys
Stephen Messutta

The other tenant is effectively a "third party" defendant. Your counterclaim will be like its own complaint, and you will have to serve that other tenant with a summons and complaint as though you were starting a new lawsuit. Normally you will have to get a court order first, based on a motion to add that other tenant. Depending on the facts, the basis would be that the other tenant is a "necessary party" for a full adjudication of all the interrelated claims. If and when you are able to join that other tenant, there is a possibility that the first tenant will have his or her own complaint against the other tenant, perhaps for "contribution". If you're still not sure what to do, it's time to hire a litigation attorney to help you.

Read more
Answered on 3/29/17, 5:42 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois