Appellate Court Reverses Eviction Judgment Against Family of Disabled Tenant, Citing Total Lack of Evidence

DUPAGE COUNTY — The Illinois Appellate Court has reversed an eviction judgment against a family with a disabled individual, finding that a Carol Stream apartment complex failed to provide sufficient evidence to support throwing the family out of their home. The decision overturns an October 2025 ruling by DuPage County Circuit Court Judge Leah Bendik.

The legal work began in September 2025 when St. Charles Square Apartments filed for eviction, alleging that a member of the tenant's family had disturbed a neighbor. Represented by Prairie State Legal Services, Inc., the family responded that the incident was the direct result of a mental health episode and requested a reasonable accommodation under fair housing laws.

Despite the family's defense, Judge Bendik initially ruled in favor of the landlord. The family appealed, leading to the July 17, 2026 appellate reversal. The tenants were granted a stay of their tenancy pending ruling from the Appellate Court, and remained housed.

In a sharp rebuke of the original ruling, the Illinois Appellate Court noted that a landlord must present concrete facts, ultimately finding “the fact that some unknown event upset an unknown tenant” entirely insufficient to prove cause for eviction.

PSLS Supervising Attorney, Kim Loewen, said “The Appellate Court rightly protected these vulnerable tenants from eviction, when the landlord and the trial judge could not articulate what tenant actions violated the lease. Tenants are safer from anonymous complaints as a result.”

PSLS Staff Attorney, Carter Null, said “This case stands for the proposition that a landlord cannot meet their burden of proof in an eviction by relying solely on allegations without any other corroborative evidence. We believe that this case is a win for tenants' rights, and will make it harder for baseless evictions to occur.”

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PSLS offers free legal services to low income persons and those older than 60 who have serious civil legal problems and need legal help to solve them. PSLS has 11 offices serving 36 counties throughout Northern and Central Illinois. All offices are accessible to people with disabilities. Free legal help is available in most languages. Learn more: pslegal.org.