A large portion of Chicago’s population is apartment renters, which is why the City Council passed an ordinance regarding tenants and landlords. The Residential Landlord and Tenant Ordinance (RLTO) spells out the duties of each.
What Is RLTO?
RLTO dictates the duties of landlords and tenants. For instance, the ordinance states what landlords must place in apartments as well as a list explaining what should tenants do if landlords break the law. Further, the ordinance states how evictions are handled.
The Eviction Process
Anyone behind in the rent may need an eviction attorney for tenants in Chicago so they can make sure the landlord follows the legal procedures for an eviction. Indeed, an eviction is a judicial process and must be handled according to the law.
First, the landlord must file a simple complaint. They do not have to list specific allegations; rather, it suffices to say that the landlord is entitled to possession of the premises. Every eviction attorney for tenants in Chicago knows that it is mandatory that service laws be followed.
Serving the Plaintiff
The plaintiff may be served by a law officer or a process server. They must be served personally or the server can leave a copy at the residence. However, a copy of the complaint and summons must be left with a person at least 13 years old. In addition, the server must mail a copy of the documents to the tenant at the same address.
Defenses to Eviction
One of the main reasons landlords want to evict tenants is a failure to pay rent. However, Chicago law allows tenants to plead some defenses to the eviction. Lawyers advise tenants to raise the defenses in their answer. For instance, incorrect service is a defense.
In addition, tenants may show they withheld rent because the landlord failed to make repairs. Retaliatory evictions are also forbidden. This is a common practice after tenants complain to housing officials. Likewise, tenants may plead discrimination if they can prove the issue in court.
Interestingly, tenants are allowed a jury trial if they request it in writing. If you are facing eviction and think it is unfair, contact Starr, Bejgiert, Zink & Rowells.
