Being sued by your landlord in Chicago: What tenants need to know.

If your landlord has threatened to take you to court – or already has – you’re not alone. Every year, thousands of Chicago renters find themselves facing eviction, claims for damage, or other legal threats. But being told you’re “getting sued” is not always the same thing as actually being sued. And even if a case has been filed, not all lawsuits are legally justified, or financially worth fighting.

This guide is written for tenants who are confused, stressed, or simply trying to figure out what’s real. We’ll walk you through how to tell whether you’ve actually been sued, what types of lawsuits landlords file in Chicago, what defenses and options tenants have, and how hiring the right attorney can protect your rights and finances.

Let’s start with the most common point of confusion: how to know whether you’ve really been sued at all.

Have you actually been sued? Understanding the basics

Landlords often threaten lawsuits. You might get an angry email saying they are “taking you to court,” or a letter demanding money for alleged damage. Talk is cheap, and landlords sometimes use legal threats to pressure tenants into paying or moving out quickly.

That said, you should not ignore these threats. The key first step is figuring out whether you have actually been sued, or whether your landlord is just talking about it.

A lawsuit formally exists when a party files a document called a complaint in court and pays the required filing fee. The complaint is what starts the case. It explains what the landlord claims you did wrong, such as unpaid rent, lease violations, or property damage.

Once the complaint is filed, the landlord must provide you with formal notice of the lawsuit through a process called service of process. Service of process can happen in several ways. Traditionally, it involves the sheriff or a private process server handing you, or someone in your household, the complaint along with another document called a summons. The summons tells you that a case has been filed and provides information about court dates and deadlines.

In some situations, Illinois law allows alternative methods of service, such as posting notice at the unit or sending documents by certified mail. The details matter, and improper service can sometimes become an important legal issue in the case.

If you receive a legal-looking document and the dispute is in Cook County, you can also check the Clerk of Court’s online case search system to see if a lawsuit has been filed. This is a helpful tool, but it is not foolproof. There can be delays before a case appears online, and mistakes happen frequently. Misspelled names, incorrect information, or filing errors can make lawsuits difficult to find.

As a general rule, if you receive any court paperwork, it is best to have an attorney review it right away. Even a short strategy session can help you understand what is happening, what deadlines apply, and what your best options are moving forward.

Next, we’ll look at the most common types of lawsuits landlords file against tenants in Chicago, and what each one means in practice.

Types of lawsuits landlords file against tenants

When a landlord takes a tenant to court, the lawsuit usually falls into one of two broad categories: eviction or a claim for money. These claims are often combined in a single case, especially when the landlord is alleging unpaid rent. Understanding what your landlord is asking for will help you respond appropriately and protect your rights.

Eviction cases

Evictions are by far the most common type of lawsuit landlords file against tenants in Chicago. These cases are officially called forcible entry and detainer actions. Their purpose is to regain legal possession of the rental unit.

Most eviction cases are based on unpaid rent. It is standard practice for landlords to combine an eviction request with a claim for the rent that was owed when the case was filed. As a result, a typical eviction case often asks both for possession of the unit and a money judgment.

Some eviction cases are based on other alleged lease violations. These may include keeping an unauthorized pet, disturbing neighbors, or violating a building rule. While less common than nonpayment cases, these types of evictions tend to be more defensible because the allegations are more subjective and often easier to dispute.

Eviction cases move quickly in Cook County. If you do not appear in court or respond to the lawsuit in time, the landlord may win by default. If the landlord does win and you do not move out voluntarily, the Cook County Sheriff can be ordered to remove you from the unit.

Monetary claims

In addition to, or instead of, seeking possession, a landlord may sue a tenant for money. These claims usually involve either unpaid rent or property damage.

Although many money claims are filed after a tenant has moved out, that is not always the case. For example, if a landlord believes a current tenant caused major damage to the property, such as a fire or flood, they can file a claim for compensation while the lease is still active.

A lawsuit for money damages is separate from an eviction. It does not give the landlord the right to remove you from the unit. Instead, the landlord is asking the court for a judgment. If they succeed, they may attempt to collect that money through wage garnishment, bank levies, or other legal tools. Whether those efforts are successful depends on your financial circumstances and the type of judgment entered.

Next, we will look at what happens after a case is filed and what tenants can expect during the court process.

What happens once you are sued

Once your landlord files a lawsuit, the court process moves fast. Whether the case is to evict you, collect money, or both, you may have only a few weeks to respond. If you ignore the case or show up unprepared, the court can enter a judgment against you with serious consequences – including eviction, money judgments, and damage to your credit.

Court timelines and what to expect

After filing, the landlord must serve you with a summons that includes your first court date. In Cook County, this hearing is often scheduled within weeks. Some proceedings are held by video, while others require you to appear in person. The summons will tell you where and how to appear.

If you have been served and you do not attend the hearing, the landlord can ask the judge for a default judgment. This applies in both eviction and money cases. In an eviction case, a default can result in a possession order, which allows the sheriff to forcibly remove you from the unit. In a money-only case, the court can enter a judgment for the full amount the landlord claims, without hearing your side of the story.

That judgment can follow you for years, affect your credit, and lead to wage garnishment or bank account seizures.

Get legal help early

The most important thing you can do after being sued is to talk to a lawyer as soon as possible. Waiting until the day before your court date – or worse, the day of – can seriously limit your options. Most attorneys who handle tenants’ rights cases are in high demand and cannot take last-minute emergencies. If a lawyer has to prepare your case overnight, expect to pay rush fees, and understand that your defense may not be as strong as it could have been with more time.

Even a short consultation early in the process can help you understand your options, deadlines, and defenses. It can also prevent costly mistakes, like agreeing to a judgment you didn’t need to accept.

Common defenses in eviction and money cases

Tenants often assume there’s nothing they can do once they’ve been sued, but that’s not true. Many cases have legal flaws, especially when the landlord is representing themselves or using a lawyer unfamiliar with landlord-tenant law. Defenses may include:

• Improper or defective notice. In eviction cases, landlords are required to give proper written notice before filing. This includes a five-day notice for nonpayment of rent or a ten-day notice for lease violations. If the notice was incorrect, incomplete, or never properly served, the case may be dismissed. These notice rules are highly technical, and mistakes are common.
• Habitability problems. If the apartment had serious issues – like no heat, pests, or plumbing failures – you may be able to argue that the landlord violated their legal duty to maintain the property. This can be a defense to both eviction and money claims for unpaid rent.
• Payment or partial payment. If you paid all or part of the rent, and the landlord accepted it, that may impact their right to evict or collect more.
• Claims based on RLTO violations. In Chicago, the Residential Landlord and Tenant Ordinance gives tenants additional protections. A landlord who violates the RLTO – by failing to maintain the unit, mishandling a security deposit, or omitting required disclosures – may lose the right to enforce parts of the lease or file certain claims.
• Inflated or baseless damage claims. If a landlord is suing you for alleged damage to the unit, they have to prove it was your fault and beyond normal wear and tear. Claims are often exaggerated, especially after move-out. Tenants can and should demand proof.

Understanding what type of case you are facing – eviction, money, or both – can help you plan your response and avoid long-term consequences. In the next section, we’ll break down the financial side of landlord-tenant litigation, including what lawsuits can cost, how judgments are collected, and what it means to be “judgment proof.”

Costs of litigation and practical considerations

When a landlord sues a tenant, the legal case is only part of the equation. What really matters is what the tenant stands to lose if things go badly, and whether it makes sense to spend money on legal help to try to avoid that outcome.

Weighing the risks and the cost of legal help

For eviction cases, the risks are serious. Losing your housing on short notice can be disruptive or even catastrophic. It can mean scrambling to find a new apartment with an eviction on your record, missing work, moving your belongings under pressure, changing school districts, or trying to find temporary shelter if you have nowhere to go. These are not small consequences. Even if the case against you is strong, a lawyer may be able to help you negotiate extra time to move, avoid a formal eviction judgment, or work out a payment plan that prevents immediate removal.

For tenants who genuinely cannot pay rent, legal help is often about managing the exit, not winning the case. A graceful and orderly move-out may be the difference between rebuilding quickly and falling into long-term housing instability.

For money damages cases, the analysis is different. These cases are about dollars and cents. If the landlord is demanding a relatively small amount – say under $5,000 – it usually does not make sense to pay for full legal representation unless you are trying to make a point or there are unusual circumstances. In lower-dollar cases, your best option may be to hire a lawyer for a limited strategy session to review the documents, explain your rights, and help you prepare to negotiate or defend yourself in court.

Larger claims, especially those over $5,000, may justify more active legal involvement. A lawyer can challenge inflated damage estimates, identify procedural mistakes, and sometimes get the claim reduced or dismissed entirely.

Collection is often unlikely – but still matters

If a landlord wins a money judgment, that does not mean they automatically get paid. Collecting on a judgment is its own separate process, and for tenants of limited means, most landlords find it difficult or impossible to collect anything.

Many tenants have no non-exempt wages, no significant bank balances, and no assets that can be seized through legal process. This is often referred to as being “judgment proof.” A judgment can still affect your credit and hang over your head, but in practical terms, the landlord may never see a dime.

That said, the risk of future collection efforts is real. A judgment is good for many years, incurs interest and can be renewed. If your financial situation improves, the landlord or a debt collector who buys the judgment may come after your income or accounts down the road. Knowing this can give you some leverage in negotiating a settlement now, especially if you’re willing to pay a reduced amount in exchange for avoiding the long-term headache.

Bankruptcy is a last resort

Most tenants are not interested in filing for bankruptcy, and in many cases it is not necessary. But if a large judgment is entered against you, or you are also dealing with other debts you cannot manage, bankruptcy may be a tool worth considering.

Bankruptcy can wipe out many civil judgments, including for unpaid rent and damages, but it has serious consequences and should only be considered after speaking with a qualified attorney. For most tenants, the goal is to avoid getting to that point in the first place by understanding the risks early and responding strategically.

Next, we will go over the immediate steps tenants should take if they have been sued, and how to avoid common mistakes that can make a bad situation worse.

What tenants should do right away

If you’ve been sued by your landlord, what you do in the next few days is important. Whether the case is about eviction, money damages, or both, there are a few steps every tenant should take right away to protect their rights and avoid unnecessary harm.

Confirm the case and gather paperwork

Start by reviewing any documents you received. Look for the complaint and the summons. These will tell you what the landlord is asking for, whether it’s possession of the unit, money, or both. If you’re in Cook County, you can also check the Clerk of Court’s website to see if the case appears online. But keep in mind that the system is not perfect. Filings can be delayed, and mistakes – especially name misspellings – are common.

Even if the case is not showing online, you should still assume the lawsuit is real if you were served with court papers. Do not wait to see if it “goes away.”

Mark your court date

Eviction cases move fast. Your first hearing may be shortly after you were served with the complaint and summons. Missing that date can result in a default judgment, which means the landlord wins automatically. In an eviction case, that could lead to the sheriff removing you from the property. In a money case, it could lead to a judgment that follows you for years.

Read the summons carefully. It will tell you where and when to appear, and whether the hearing is in person or remote. If you are unsure, call the clerk or contact a lawyer for help interpreting the instructions. Do not miss a court date.

Schedule a strategy session with a lawyer

Even if you are unable to hire a lawyer for full representation, it is worth scheduling a limited session as soon as possible. A short strategy session can help you:

• Understand the legal claims being made against you
• Evaluate your defenses or negotiating position
• Decide whether to fight, settle, or move out voluntarily
• Avoid common mistakes, like making admissions in court or agreeing to terms you don’t fully understand

Waiting until the last minute to get legal advice limits your options. It also makes it harder for a lawyer to help you effectively. Reaching out early gives you time to prepare and lowers your legal costs overall.

Start thinking about next steps

If you’re facing eviction, think now about where you might go if you need to move. Look at your lease, check your rent payment history, and document the condition of the unit – especially if repairs were never made or if the landlord is claiming damage.

If the case is about money only, take a realistic look at your finances. If you lose, would the landlord be able to collect? Could you afford to settle for less? Would it be smarter to negotiate and move on? Do you have the funds to pay a lawyer to fight wrongful allegations against you?

In the final section, we’ll explain how an attorney can support you through this process, even if your case seems hopeless or your resources are limited.

How an attorney can help

Many tenants avoid calling a lawyer because they assume it will be too expensive or because they believe their case is already lost. But speaking with an attorney early can often save time, stress, and money – especially when the stakes involve your home, your finances, or your future ability to rent.

Strategic guidance at the start

The most common and cost-effective way to get legal help in a landlord-tenant case is through a strategy session. In that session, a lawyer can review your paperwork, explain what the landlord is asking for, help you understand your deadlines, and talk through your options.

This kind of early advice is especially helpful in cases involving:

• Eviction based on unpaid rent
• Disputes over property damage
• Allegations of lease violations
• Threats of legal action where it’s unclear if a case has been filed

A good strategy session can help you prepare to represent yourself, negotiate a better outcome, or decide if hiring a lawyer for full representation is worth it.

Full representation when the stakes are high

In some cases, it makes sense to hire a lawyer to appear in court and manage the case from start to finish. This may be the right move if:

• You are at risk of being evicted on short notice and need help negotiating time or avoiding a formal judgment
• The landlord is demanding a large sum – typically more than $5,000 – and you believe the claim is inflated or unjustified
• You are dealing with a landlord who is aggressive, dishonest, or experienced in using the court system against tenants

Having an attorney in court can make a big difference in how the judge hears your case, how evidence is presented, and how quickly a resolution is reached. Even in cases where you plan to move out, a lawyer can often negotiate a move-out date, limit what goes on your record, and reduce or eliminate any money judgment.

Protecting your future

Landlord-tenant judgments – especially evictions – can make it harder to rent in the future. Many screening services pick up these records even if you ultimately win or settle the case. A lawyer may be able to help you avoid or limit what appears on your record, which can have lasting benefits beyond the current dispute.

Get strategic legal help before it’s too late

Facing a lawsuit from your landlord can feel overwhelming, but you don’t have to navigate it alone. Whether you’re looking to fight the case, negotiate a settlement, or just understand your options, Brabender Law is here to help. Schedule a strategy session today to get clear, practical advice tailored to your situation.