STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, COUNTY ________________________________ ) Plaintiff ) ) Case number: _________________ ________________________________ ) Defendant ) ANSWER AND AFFIRMATIVE DEFENSES TO AN EVICTION COMPLAINT MOBILE HOMES 1. I deny that the landlord/owner has a right to possession of the property in question. 2. I have an agreement about the property with: _______________________________________________________________ 3. Our agreement is: (circle one) in writing NOT in writing 4. I am: (check one) 9 renting the mobile home and the lot 9 buying the mobile home, but renting the lot 9 buying the mobile home and the lot 5. Check YES if all three of the following statements apply to your situation. If not, then check NO. I am buying, not renting this property; through a contract for deed; The payments on my contract for deed are over a period of more than five years; AND I have paid more than twenty percent of the purchase price. Yes9 No9 If yes, then I should be evicted through the mortgage foreclosure process. 6. IF I have broken our agreement, it was because (check all that apply): 9 I had to pay for repairs that owner/ landlord refused to make to keep the property in a livable condition 9 the property was in an unlivable condition 9 the owner/landlord broke our agreement first by: _____________________________________________________ ______________________________________________________________________________________________ 7. IF I have broken our agreement, I have corrected or attempted to correct this breach by (check all that apply): 9 paying the following amount $______________ on the following date: ____________________________________ 20 American LegalNet, Inc. www.USCourtForms.com>>>> 2 9 attempting to pay the following amount $______________ on the following date: ___________________________ but it was refused by the owner/landlord. 9 other: __________________________________________________________________________________________ 8. IF I have broken our agreement, the owner/landlord waived the violation by accepting a payment after learning of the violation. Yes 9 No9 9. I have failed to receive the following notice as required by law or by our agreement (check one): 9 30 day notice before the date the lawsuit was filed this notice is required in leases that are month to month where the eviction is not for a breach of the agreement but because the term of the agreement expired and in contract for deed cases. 9 10 day notice before the date the lawsuit was filed that correctly specified how the agreement was violated this notice is required for any breach of a lease agreement except for nonpayment of rent 9 7 day notice before the date the lawsuit was filed this notice is required in leases that are week to week where the eviction is not for a breach of the agreement, but because the agreement ended 9 5 day notice before the date the lawsuit was filed that correctly specified the amount owed. this notice is required in cases of nonpayment of rent 9 Other: ______________________________________________________________________________________ 10. The landlord/owner has broken our agreement by (check all that apply): 9 failing to maintain the property in a livable condition 9 failing to provide me with a written copy of all rules and regulations governing the park BEFORE I signed my lease 9 failing to provide either heat, water, sewer, or electricity 9 interfering unreasonably by frequently entering the property or by entering the property without notice 9 failing to pay the utility bill which is in the owner/landlords name 9 failing to provide me with a written copy of any changes to our agreement 9 charging me a security deposit higher than one months rent 11. I live in a mobile home park that contains five or more mobile homes. The landlord/owner has violated the law by (check all that apply): 9 failing to provide me a written 12 month lease 9 failing to automatically renew my lease without a 30 day notice 21 American LegalNet, Inc. www.USCourtForms.com>>>> 3 9 failing to provide me with a written copy of all rules and regulations governing the park BEFORE I signed my lease 9 failing to provide me with a years notice of closing the mobile home park 9 failing to provide me with a written copy of any changes to our agreement 9 failing to provide me with 30 days advance written notice of any changes to park rules 9 charging late fees for rent which was less than five days late 12. The landlord/owner has tried to evict me in an unlawful manner by: (check all that apply): 9 locking me out of the property 9 moving my personal belongings without a court order 9 turning off my utilities 9 failing to send me written notice of a violation of our agreement as well as a 24 hour period to correct the violation 9 failing to make necessary repairs to the property 9 interfering with my personal enjoyment of the property 9 attempting to retaliate against me for my complaint to a government authority 9 discriminating against me on the basis of age, gender, religion, race, disability, national origin, or family status Under penalties as provided by law pursuant to Section 5/1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters, the undersigned certifies as aforesaid that he/she verily believes the same to be true. _______________________________________ _________________________________________ Signature Date 22 American LegalNet, Inc. www.USCourtForms.com