765 Ill. Comp. Stat. 742 § 20
Defense to eviction. A tenant may not assert as a defense to an action for rent or eviction that rent was withheld under this Act unless the tenant meets all the requirements provided for in this Act
Operative Text
Defense to eviction. A tenant may not assert as a defense to an action for rent or eviction that rent was withheld under this Act unless the tenant meets all the requirements provided for in this Act.
Under 765 Ill. Comp. Stat. 742 § 20, a tenant's claim that rent was lawfully withheld does not automatically serve as a valid defense in an eviction or nonpayment-of-rent proceeding. The defense is only available to tenants who have satisfied every procedural and substantive requirement set out elsewhere in the Act. In other words, the right to withhold rent is conditional, not absolute, and failing to meet any one of the Act's requirements can defeat the defense entirely.
Plain English — not legal advice.
Landlords and property managers facing an eviction or rent-collection action should be aware that, under 765 Ill. Comp. Stat. 742 § 20, a tenant's rent-withholding defense is only cognizable in court if the tenant has complied with all conditions the Act imposes. Operators who document their own compliance with the Act's underlying obligations—such as notice and repair requirements—are generally better positioned to demonstrate that a tenant failed to meet the statutory prerequisites. Keeping thorough records of communications, repair timelines, and notices received is a practice consistent with operating under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20 of 765 Ill. Comp. Stat. 742 makes clear that withholding rent can serve as a defense in an eviction or rent action only when the tenant has followed every requirement the Act sets out—such as proper notice procedures and other conditions described in the statute. Tenants who believe they have a valid rent-withholding defense should carefully review all of the Act's procedural steps to confirm they have been met before relying on that defense in court. Tenant-rights organizations and legal aid services can help explain what those requirements are and how courts in Illinois have interpreted them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 2, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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