Legal Question in Landlord & Tenant Law in Illinois
Our landlord filed to have us evicted under the claim that we have not been paying him rent, which is untrue. He filed in retaliation because we reported him to the health department for several things that were wrong with the house that he refused to fix. We have court at the end of the month regarding this, however we received notice today that the health department is condemning the house. Do we have any rights here and does he have to pay for a place for us to stay until our new house is ready?
1 Answer from Attorneys
If you have rent receipts, or cancelled checks, you can prove you paid rent. Otherwise it's tough unless the landlord admits it, or you can get his records to prove it. If you are being evicted in retaliation, however, that is a defense under Illinois law especially if the house violated code - but you'd need proof of filing a complaint and any resulting action (or inaction) by the building department. However, these things can be very tricky and since you can't post all the possible relevant facts here, the information I'm providing can NOT be relied on as legal advice - get an attorney for a complete review of the situation.