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.
9-306.Counterclaim - Defenses.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-306 lets the tenant fight a distress action with a counterclaim or with any defense that would have been valid had the landlord sued directly for the rent.
Full Text of 735 ILCS 5/9-306
Plain-English Summary
Because the distress warrant stands as the complaint under Section 9-305, the tenant needs a way to answer it. Section 9-306 supplies two routes. First, the tenant may file a counterclaim, the same kind available to a defendant in any other civil action. Second, the tenant may raise any other defense that would have been proper if the landlord had sued for the rent directly, rather than seizing property first.
The statute gives that second option "like effect" to a defense in an ordinary rent action. That means a tenant is not worse off procedurally for having faced a distress seizure instead of a standard lawsuit — defenses that would defeat or reduce a rent claim in an ordinary case carry the same force here.
How this plays out downstream depends on the outcome: if the tenant's counterclaim shows a balance owed by the landlord instead, Section 9-310 directs judgment for the tenant on that basis, along with return of the distrained property and costs.
Frequently Asked Questions
Can a tenant file a counterclaim in a distress for rent case?
Yes. Section 9-306 allows the tenant to file a counterclaim just as a defendant could in any other civil action.
What defenses can a tenant raise against a distress warrant?
Any defense that would have been proper if the landlord had sued for the rent directly, with the same effect it would carry in that kind of ordinary action.
Does a tenant lose any defenses by being sued through distress instead of an ordinary rent action?
No. The statute gives defenses in a distress case the same effect as they would have in an action brought directly for the rent.
What happens if the tenant's counterclaim shows the landlord owes money instead?
Section 9-310 directs that judgment be entered for the tenant when the court determines a balance is due from the landlord to the tenant.
Is filing a counterclaim the tenant's only way to contest a distress warrant?
No. The tenant may instead, or in addition, raise any other defense that would be valid in an ordinary rent action, without needing to frame it as a counterclaim.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: tenant defenses distress for rent Illinoiscounterclaim distress warrant Illinois9-306 Illinoisfighting a distress warrant Illinois