What Your Tenant Can File in an Illinois Eviction, and How I Prepare

Evictions Updated November 2026 By Justin Abdilla, Illinois Landlord Attorney · ARDC #6308444

Justin Abdilla Named Attorney, Abdilla and Associates · ARDC #6308444

1,000+ files across twelve years of practice. Handles closings, evictions, construction law, and zoning across 9 Illinois counties (Cook, DuPage, Kane, Will, Lake, Kendall, McHenry, McLean, Champaign). Last updated: November 2026.

Part of the guide: Illinois Eviction Process, Step by Step.

The Short Answer

Your tenant answers an Illinois eviction on the court's own forms. The Appearance puts the tenant in the case. The Jury Request asks for a jury trial. The Eviction Answer, Defenses, and Counterclaims form lets the tenant deny your claims and raise defenses. It also holds counterclaims against you. Most defenses on that form test your records: the notice, its service, the rent ledger, and the repair history. You answer each defense with paper you made before you filed. Gather the notice, the affidavit of service, the ledger, and the repair file before the first court date.

82 to 103 daysCook County, tenant never appears: notice to lockout (my case files, not an official statistic)

133 to 154 daysCook County, contested case: notice to lockout (my case files, not an official statistic)

What Does It Mean When My Tenant Files an Appearance?

You filed the case and served the summons. Then your tenant's Appearance (ATJ 503.11) arrives by email or by mail.

The Appearance is the tenant's official notice to the court that the tenant is participating in the case. It does not answer your claims. It does not state a defense.

The Appearance gives the tenant's email or mailing address. The tenant must also send you a copy, and the form's Proof of Delivery section records how. Send your own filings to the address on the Appearance. If a lawyer filed it, send your filings to the lawyer.

A tenant who appears usually means a contested case. My contested Cook County cases run 133 to 154 days from notice to lockout. Cook County cases where the tenant never appears run 82 to 103 days. These figures come from my own case files. No official Illinois eviction duration statistic exists.

In landlord-tenant matters I represent property owners only. I do not represent tenants. Tenants who need help can call Cook County Legal Aid for Housing and Debt at (855) 956-5763.

What changes for you

Expect a contested case. The court tells tenants that the judge may hold a trial on the first court date. Bring your full file to every court date.

What Happens to My Case If the Tenant Demands a Jury?

The Jury Request (ATJ 504.4) is a separate form. The tenant checks one box: a judge and a 6-person jury, or a judge and a 12-person jury.

The form tells a defendant to file the Jury Request at the same time as the Appearance. The court's instructions warn the tenant that a late request may lose the right to a jury. The judge may still allow extra time if the tenant asks.

The form also says there is no right to a jury trial in every case. The court's instructions tell the tenant that a jury request may carry an extra fee, unless the court waives it.

A jury demand adds time to the case. It also changes my fee. A jury demand is one of two events that move my eviction work to hourly billing. The other event is discovery that the tenant starts.

My flat fee covers notice through judgment, including a bench trial, even if the tenant hires a lawyer. Hourly work is $350 an hour out of court and $450 an hour in court. Payment plans are available. See how my flat fee works.

While a jury case waits, you can file a motion for use and occupancy. It asks the judge to order payments for the time the tenant stays.

When my fee turns hourly

My eviction fee turns hourly in two cases only. The tenant demands a jury, or the tenant starts discovery. A bench trial stays inside the flat fee, even if the tenant hires a lawyer.

Does My Tenant Have to File an Answer?

The court's answer form is the Eviction Answer, Defenses, and Counterclaims (ATJ 4802.3). The form says a tenant does not have to file it unless a judge orders it.

If the tenant files no Answer, the court treats every claim in your complaint as denied. The tenant can still tell the judge their side at trial. The tenant cannot bring counterclaims without a filed Answer.

If the tenant files an Answer, the court tells the tenant to state every defense and counterclaim in it. The court warns that a defense left out may be barred later, including at trial.

Section 1 of the Answer gives the tenant two choices. Box 1a is a general denial of every claim, under 735 ILCS 5/9-106. Box 1b answers your complaint paragraph by paragraph with Admit, Deny, or Do Not Know. A tenant who needs more room attaches the Additional Paragraphs for Answer or Response (ATJ 1404.4).

Section 3 lets the tenant add any other information for the judge. Whatever the tenant files, you still prove your whole case. At trial I prove these four things:

You usually do not file a written reply to the tenant's defenses or counterclaims. You answer them at trial.

The landlord has the superior right to possession.
The notice was served in one of the ways 735 ILCS 5/9-211 allows.
The tenant did not cure the breach named in the notice.
The full notice period ran before the case was filed.

What Notice Defenses Can a Tenant Check on the Answer?

Section 2 of the Answer lists affirmative defenses. The form explains the term to the tenant. An affirmative defense says the tenant should win even if everything in your complaint is true.

The form also tells the tenant to bring proof of each defense to trial. It names payment receipts, photos of the unit, and records of communications with the landlord. The judge decides if a defense is valid from that evidence.

Defense 2a attacks your notice. The tenant can check four boxes:

No Notice: the tenant says no written notice from the landlord arrived.
Improper Service of Notice: the tenant says you did not deliver the notice in a lawful way.
Improper Notice: the tenant says the notice gave the wrong number of days, or you filed too early.
Inadequate Notice: the tenant says the notice left out required facts, such as the rent owed or the lease violation.

Do not tape the notice to the door

Posting a notice on the door of an occupied unit is not legal service. Courts dismiss cases built on it. Read why door-posted notices lose cases, then serve the 5-day notice or the 10-day notice the right way. Complete the affidavit of service the day you serve. Count the days on a calendar and keep it with the file.

What If the Tenant Claims a Cure, a Waiver, or a Refused Payment?

Defense 2b is cure. The tenant says they had a right to fix the violation and fixed it in time. A tenant who pays the full balance within the five days cures a 5-day notice. A tenant who fixes the breach within the 10 days spends a 10-day notice.

The form also tells Chicago and Cook County tenants about a one-time right called "pay and stay." The tenant pays back rent and court costs before a judge signs an Eviction Order. The form says the right does not apply in a building of six units or fewer where the landlord lives. In Chicago, state a total amount due in every notice. My page on Chicago pay and stay explains why.

Defense 2e is waiver. The tenant says you learned of the violation and then signed a new lease or accepted rent. Accepting partial rent after a 5-day notice ends my ability to continue the case. Accepting rent that accrues after a lease breach you know about waives the forfeiture. My page on accepting partial rent covers both rules.

Defense 2f says you refused a rent payment the tenant tried to make. The form asks the tenant for the date and the amount. You cannot refuse a full payment during the five days and then proceed. I refuse partial payments after a 5-day notice in writing, and I keep a copy of the letter.

Records that answer these three defenses

Keep a rent ledger that shows every payment, its date, and its method. Keep a copy of every refusal letter and every returned payment. For a 10-day notice, keep dated photos that show the violation continued after day ten.

What Is the Bad Property Conditions Defense?

Defense 2c applies when you sue for unpaid rent. The tenant claims your failure to make repairs reduced the unit's value by more than the rent owed. In the alternative, the tenant asks the judge to reduce the rent owed.

The form gives the tenant a note that matters to you. A reduction that does not wipe out the rent owed may still lead to an Eviction Judgment against the tenant.

The tenant fills in a table. Each row lists a serious problem the landlord knew about, the date it started, and the date it was fixed. The Additional Bad Property Conditions form (E-RB 4803.1) adds rows 4 through 16. Check every date on that table against your own records.

In Chicago, the ordinance gives you 14 days after a written request to fix a minor defect. After that, the tenant may withhold rent that reflects the reduced value. Read every letter your tenant sends. Fix what it names before its deadline, and keep the receipts. My page on Chicago tenant remedies covers the deadlines.

Build the repair file

Pull every work order, invoice, and receipt, with dates. Print every text, email, and portal message about repairs. Get any City inspection report or code case record. Photograph each completed repair.

What Counterclaims Can a Tenant File in My Eviction Case?

A counterclaim is the tenant's own claim against you for money or other relief. The tenant files it on the Counterclaims (For Eviction Answer) form (ATJ 4805.2). The form holds three counterclaims, and the tenant attaches another copy for more.

The court tells the tenant to file counterclaims at the same time as the Answer. A tenant who files them later may be barred. The court's instructions also say there may be an extra fee to file them.

Counterclaims must relate directly to the eviction. The form says the Eviction Act generally limits them to the right to possession. The judge may dismiss an unrelated counterclaim. The court tells the tenant to ask for dismissal without prejudice, so the tenant can sue in a separate case.

In Chicago, RLTO claims often arrive this way. The RLTO fee clause excepts eviction actions, and I raise that exception. The exception is not absolute. A lease fee clause or a specific ordinance remedy can still bring fees into the case. My RLTO defense page covers the exposure.

A counterclaim fight can lead to discovery. If the tenant starts discovery, my work on the case moves to hourly billing.

Your letters become evidence

Every response you send without an attorney becomes evidence. Call before you write to the tenant or the tenant's lawyer about a counterclaim.

How Do I Prepare for a Retaliation Defense?

Defense 2d says you filed the eviction because the tenant complained. The form cites the Landlord Retaliation Act, 765 ILCS 721. It also lets the tenant name a local ordinance.

The tenant checks who heard the complaint. The form offers these choices:

the landlord
someone in government
a legal organization
the media
a community group
a tenant's organization
another person or entity, or other protected activity the tenant explains

When settling makes sense

A weak retaliation claim still costs motion practice. A strong one carries fee-shifting. Sometimes the business answer is keys for cash, even when you are right. My retaliation guide walks through the presumption and the rebuttal.

What Dates Decide a Retaliation Defense?

The tenant lists each complaint with a date, a person or organization, and what the tenant said or did. The Additional Complaints for Retaliation Defense form (ATJ 4806.1) adds rows 4 through 11.

Protected activity within one year before your action creates a presumption of retaliation. You then carry the burden of showing a legitimate reason. The presumption does not arise if the tenant complained only after your action.

Check twelve months of the file before you serve. Look for 311 calls, inspection records, repair tickets, and portal messages. For a rent case, the ledger is your legitimate reason. For a lease violation, keep dated photos and incident reports.

What Other Defenses Can a Tenant Write In?

Defense 2g is blank. The tenant names any other defense and states the facts behind it. The Additional Affirmative Defenses form (E-RA 4804.2) gives room for three more.

The form gives the tenant examples. One is a tenant in public or subsidized housing. Another is a survivor of domestic or gender-based violence. Others are a landlord who lost the property in foreclosure, or who no longer owns it.

Bring proof that you own or manage the property to every court date. My guides on evicting a Section 8 tenant and the Safe Homes Act cover two of those situations.

What Should I Bring to Court Once the Tenant Answers?

The court gives the tenant a checklist for the court date. It includes a photo ID, the complaint and summons, every filed document, and the lease. It also includes supporting documents, photos, and witnesses.

The court tells the tenant to bring a copy of each document for you. You may see the tenant's photos for the first time in the courtroom.

The court's instructions say a witness must attend court, in person or remotely. Written witness statements usually are not allowed. Plan for the same rule on your side. A witness who will not come needs a subpoena delivered at least 7 days before the court date.

If you settle, put the deal in writing and get it signed. The court tells the tenant that a deal is not official until then. My trial file holds these records:

the lease
the signed notice and the affidavit of service
the rent ledger, with every payment and every refusal
the repair file, with dates, invoices, and messages
proof that you own or manage the property
a copy of each document for the judge and for the tenant

Can My Tenant Seal the Eviction Record After I Win?

The tenant can ask. The tenant files a Motion to Remove Eviction Court File from Public Record (E-M 4902.2) under 735 ILCS 5/9-121. The tenant can file it during the case or after an Eviction Order.

You receive the motion and a Notice of Court Date for Motion (ATJ 802.8). The notice gives the date and time of the hearing.

The judge must seal the file if the eviction was filed because the building was in foreclosure. Otherwise, the judge may seal it on two findings. First, the case was sufficiently without a basis in fact or law. Second, sealing is in the interests of justice.

The motion lists the usual reasons. One is that the landlord had no reason to file. Another is that the tenant was not properly served with the notice or the summons. Your notice, your affidavit of service, and your proof of service of the summons answer that second reason.

The motion has an optional box that asks if the other parties object. You can agree, or you can attend the hearing and object.

Sealing does not change the outcome of the case. Your Eviction Order and money judgment stand. The court's instructions say sealing does not stop a landlord from reporting a debt or giving a negative reference. The court's order form also says a sealing finding is not a finding that you violated Supreme Court Rule 137.

In some counties, such as Cook County, the clerk may seal a foreclosure-related eviction file when the case is filed.

What Mistakes Get These Forms Rejected?

Check these before you file

Taping the notice to the door of an occupied unit. That is not legal service, and it supports the tenant's Improper Service of Notice defense.
Filling out the affidavit of service from memory weeks later. Complete it the same day you serve the notice.
Accepting partial rent after a 5-day notice. It ends your ability to continue the case and supports a waiver defense.
Refusing a full payment during the five days and filing anyway. A full payment in time cures the notice.
Filing before the full notice period ran. The Answer's Improper Notice box exists for this mistake.
Leaving the total amount due off a Chicago notice. The ordinance then limits the tenant's pay-and-stay payment to rent due from the notice to judgment.
Accepting rent that accrues after a lease breach you know about. That waives the forfeiture.
Ignoring a tenant's written repair request. In Chicago, that letter starts the 14-day repair clock.
Pulling a service, such as a parking spot or a laundry key, from a tenant who complained. That conduct creates a new retaliation claim.
Serving a notice without first checking twelve months of complaints, inspections, and repair tickets.
Writing to the tenant or the tenant's lawyer about a counterclaim without counsel. Every response you send becomes evidence.
Not checking email every day after you file. The court's forms send documents and court dates to the email address on file.

Frequently Asked Questions

Does my tenant have to file an Answer in an Illinois eviction?

No. The court's Eviction Answer form says a tenant does not have to file an Answer unless a judge orders it. If the tenant files nothing, the court treats every claim in your complaint as denied. You still prove your whole case at trial. The tenant can tell the judge their side. The tenant cannot raise counterclaims without a filed Answer. Prepare your notice, your service proof, and your rent ledger either way.

Does a jury demand change what my eviction costs?

Yes, with my firm. A jury demand is one of two events that move my eviction work to hourly billing. The other event is discovery that the tenant starts. My flat fee covers notice through judgment, including a bench trial, even if the tenant hires a lawyer. Hourly work is $350 an hour out of court and $450 an hour in court, with payment plans available. A jury demand also adds time to the case.

Can a tenant raise a defense at trial that is not in the Answer?

Sometimes. The court tells a tenant who files an Answer to state every defense and counterclaim in it. A defense left out may be barred later, including at trial. A tenant who files no Answer is treated as denying your claims and can still tell the judge their side. That tenant cannot bring counterclaims. Prepare records for every defense on the form, including the boxes the tenant left blank.

What is pay and stay, and does it apply to my building?

Pay and stay is a one-time right to stop an eviction for unpaid rent. The court's Answer form says most Chicago and Cook County tenants have it. The tenant pays back rent and court costs before a judge signs an Eviction Order. The form says the right does not apply in a building of six units or fewer where the landlord lives. In Chicago, state a total amount due in every 5-day notice.

Can a bad property conditions defense stop my eviction?

It can reduce what the tenant owes. The tenant claims your failure to repair cut the unit's value by more than the unpaid rent. The court's form tells the tenant that a smaller reduction may still lead to an Eviction Judgment. Your answer is a dated repair file. It holds work orders, invoices, messages about repairs, and photos of each completed repair. Build it before you serve the notice.

Can my tenant seal the eviction record after I win?

The tenant can ask at any time, even after an Eviction Order. Under 735 ILCS 5/9-121, the judge must seal a case filed because of a foreclosure. Otherwise, the judge may seal it on two findings. The case was sufficiently without a basis in fact or law, and sealing is in the interests of justice. Sealing does not change your judgment. The court says it does not stop you from reporting a debt.

What records should I gather when my tenant files an Answer?

Gather the lease, the signed notice, and the affidavit of service you completed the day you served. Add a rent ledger that shows every payment and every refusal. Add your repair file with dates, invoices, and messages. Add proof that you own or manage the property. Bring a copy of each document for the judge and for the tenant. The court tells the tenant to bring documents, photos, and witnesses too.