Evanston, Ill., City Code tit. 5 (2026) § 5-3-7-5
HOUSING PROVIDER'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT (Evanston Housing Regulations)
Operative Text
(A) In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which the tenant may recover under the rental agreement or this Chapter. In that event, the court may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. (B) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in Subsection (A) of this Section, but the tenant is not required to pay any rent into court.
Evanston City Code § 5-3-7-5 establishes that when a housing provider sues a tenant for unpaid rent or for possession of a unit due to nonpayment, the tenant is permitted to raise counterclaims against the housing provider within that same legal proceeding. A court handling such a case may require the tenant to deposit rent money with the court while the dispute is resolved, and then determines what each side owes the other. The net amount owed to either party is settled from those court-held funds, with any remaining balance paid by the other side. If the tenant is no longer living in the unit when a rent action is filed, the same counterclaim right applies but without any requirement to pay rent into court.
Plain English — not legal advice.
Under § 5-3-7-5, housing providers in Evanston should be aware that initiating a rent or possession action opens the door for tenants to assert counterclaims within the same proceeding, potentially including claims arising from the rental agreement or the City's residential landlord-tenant chapter. Compliant operators generally maintain thorough records of rent payments, repair requests, and any communications with tenants, since those records become relevant when counterclaims are raised. Understanding that a court may order funds to be held and disbursed based on net amounts owed to each party helps housing providers approach rent disputes with a full picture of potential outcomes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston City Code § 5-3-7-5 gives tenants the right to raise counterclaims—such as claims for housing provider violations of the rental agreement or the City's tenant protections—directly within a lawsuit brought against them for unpaid rent or eviction. If a tenant is still living in the unit, a court may order that rent be paid into court during the proceedings, after which the judge determines what each party is owed and distributes funds accordingly. Tenants who believe they have claims against their housing provider in this type of action may wish to consult a tenant-rights organization or legal aid provider familiar with Evanston's housing code to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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