Illinois Court | Legal Forms – Eviction Answer, Defenses, and Counterclaims

Eviction Answer, Defenses, and Counterclaims – Illinois Court

The “Eviction Answer, Defenses, and Counterclaims” form is a legal document approved by the Illinois Supreme Court for use in all Illinois courts. This form allows defendants (tenants or occupants) to respond to an eviction complaint filed by plaintiffs (landlords or owners). This form ensures that tenants have the opportunity to present their defenses and counterclaims comprehensively in response to an eviction complaint.

Filling out this form correctly is crucial for your defense in an eviction case. Follow these steps to complete the form:

Case Information

1. • County: Enter the name of the county where the case was filed.

   • Plaintiff(s) and Defendant(s): Enter the full names of the plaintiffs (landlords or owners) and defendants (tenants or occupants) as listed on the Eviction Complaint.

   • Case Number: Enter the case number provided in the Eviction Complaint.

   • Property Address: Fill in the address of the property from which the plaintiff seeks to evict you.

Answer Section

1. • Option a: Check this box if you generally deny all the claims made by the plaintiff in the Eviction Complaint.

   • Option b: Check this box if you wish to respond to each paragraph of the Eviction Complaint specifically. For each paragraph:

     • Enter the paragraph number and subparagraph letter (if applicable).

     • Check “Admit” if you agree with the statements.

     • Check “Deny” if you disagree with the statements.

     • Check “Do Not Know” if you do not have enough information to admit or deny the statements.

Affirmative Defenses

1. • Check the boxes that apply to your situation and provide any required details:

     • a. No Notice or Improper Notice: Indicate if you did not receive proper notice of the eviction.

     • b. Cure: State if you fixed the lease violation within the required time period.

     • c. Bad Property Conditions: List serious problems with the property that the landlord knew about but did not fix. Include dates when the problems started and were (if ever) fixed.

     • d. Retaliation: Provide details if the landlord is retaliating against you for complaining about conditions or violations.

     • e. Waiver: Explain if the landlord acted in a way that showed the lease continued despite alleged violations.

     • f. Refusal to Accept Rent Payment: Detail any instances where the landlord refused your rent payment.

     • g. Other Affirmative Defense: Specify any other defenses not listed above and provide supporting facts.

Additional Information

1. • Use this section to provide any extra information you think the judge should consider in your case.

Counterclaims

1. • If you have any counterclaims against the landlord, check the box indicating you are filing a Counterclaims form and briefly describe your counterclaims here. Attach the separate Counterclaims form as needed.

Proof of Delivery

1. • 1. Delivery Information: Enter the name, address, and email address of the person you are sending the form to. Indicate whether you are sending it to the party directly or their lawyer.

   • 1b. Method of Delivery: Check the box for the method of delivery (e.g., electronic filing service provider, email, personal hand delivery, mail, etc.).

   • 1c. Date and Time: Fill in the date and time when you are sending the document.

   • 2. Additional Deliveries: If you are sending the form to more than one party, fill in the details for each additional recipient.

Signature and Contact Information

1. • Sign and date the form. If completing it on a computer, you can type your name. If completing it by hand, sign and print your name.

   • Provide your complete address, telephone number, and email address.

Additional Tips

• Review the Instructions: Carefully read the instructions provided on the form to ensure you understand each section.

• Gather Supporting Evidence: Collect any documents, photos, receipts, or communication records that support your affirmative defenses and counterclaims.

• Seek Legal Advice: Consider consulting with a legal professional or visiting a local legal aid organization for assistance.

By following these steps and providing accurate information, you can effectively fill out the “Eviction Answer, Defenses, and Counterclaims” form to present your defense in court.