When a Landlord Retaliates
765 ILCS 721/5 — no eviction, rent increase or cut in services for a complaint made in good faith
A landlord may not knowingly end a tenancy, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew a lease because the tenant in good faith did any of these.
Who handles this in Illinois: Illinois Legal Aid Online and Eviction Help Illinois; and legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
- Complained of a code violation to a government agency, an elected representative or a public official.
- Complained of a code violation or an illegal landlord practice to a community organization, or sought its help.
- Asked the landlord to make repairs the building code, a health ordinance or the lease requires.
- Organized or joined a tenants' union.
- Testified about the condition of the premises, or exercised any right or remedy provided by law.
| Where the landlord retaliated, the tenant may | What that means |
|---|---|
| Where the landlord retaliated, the tenant mayUse it as a defense | What that meansIn any retaliatory action against the tenant |
| Where the landlord retaliated, the tenant mayEnd the rental agreement | What that meansAnd get back the security deposit, its interest, and prepaid rent |
| Where the landlord retaliated, the tenant mayRecover possession | What that meansWhere the landlord has dispossessed or is dispossessing the tenant |
| Where the landlord retaliated, the tenant mayRecover money | What that means2 months' rent or 2 times the damages, whichever is greater, plus reasonable attorney's fees |
The one year presumption. Evidence that the landlord acted within one year after the tenant's protected activity creates a rebuttable presumption of retaliation. An action is not retaliatory if the landlord proves a legitimate, non retaliatory basis, or began it before the tenant's protected activity.
Sources for this section (4)
- 765 ILCS 721/5 — Prohibition on retaliatory conduct by landlord
- 765 ILCS 721/10 — Remedies for violation of this Act
- 765 ILCS 721/15 — Non-retaliatory actions
- 765 ILCS 721/20 — Rebuttable presumption
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.