Chicago RLTO - You Could Be Liable For Atty. Fees

[Matthew Olszak]

Appellate decision released today:

http://www.illinoiscourts.gov/Opinions/AppellateCo...

As I read it... 

It looks like the landlord sued for eviction due to nonpayment. The tenants counter-sued based on claims of poor conditions such as bedbugs and cockroaches as well as a retaliatory eviction. The retaliatory claim was denied, and the court found in favor of tenants in regard to the conditions.

The tenants wanted almost $10k in attorney fees as the prevailing party. Court denied, agreeing with tenant that since it was a counterclaim attorney fees weren't covered by the RLTO as only "plaintiff's" fees are covered. Appeal ensued, and case was remanded to award attorney fees for the portion of the fees which were earned on the prevailing claim (bad conditions).

Landlord never filed a brief to the appeal, but CAR and CAA did so supporting the landlord, as well as a number of groups supporting the tenant (definitely a good list to keep for donation references as well as groups to put on a donation blacklist). 

This is certainly a decision to keep in mind when a tenant files a counterclaim and you are pro-se or with a poor-performing attorney - even though the claim may be minimal, attorney fees of the tenant can be devastating. CLTO counterclaims now more than ever need to be taken seriously and rigorously defended against.