Cal. Civ. Code § 9-306
Counterclaim - Defenses. The defendant may file a counterclaim as in other civil actions or other defense which would have been proper if the action had been for the rent, and with like effect
Operative Text
Counterclaim - Defenses. The defendant may file a counterclaim as in other civil actions or other defense which would have been proper if the action had been for the rent, and with like effect.
Under 735 Ill. Comp. Stat. 5 § 9-306, a defendant in an eviction proceeding is permitted to raise counterclaims and defenses that would have been available in a standard civil action for rent. This means the eviction court is not limited to the narrow question of possession; it can also consider related claims and defenses the defendant brings forward. The provision places those counterclaims and defenses on the same legal footing they would occupy in any other civil lawsuit involving rent.
Plain English — not legal advice.
Property owners and managers pursuing eviction actions in Illinois should be aware that 735 Ill. Comp. Stat. 5 § 9-306 allows defendants to introduce counterclaims and defenses within the eviction proceeding itself. Compliant operators generally maintain thorough records of rent payments, repair requests, and communications so they are prepared to respond to any counterclaims that may arise. Understanding that the eviction court has broad authority to hear these related claims helps operators approach the process with complete documentation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-306, tenants facing eviction in Illinois have the right to raise counterclaims and defenses — such as claims related to habitability, improper charges, or other landlord conduct — directly within the eviction case. This provision means a tenant does not necessarily need a separate lawsuit to bring forward claims that would have been proper in a rent action. Tenants who believe they have such claims or defenses may wish to consult a tenant-rights organization or legal aid provider to understand how this provision might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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