State Place Condominium Association v. Magpayo

Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2016 IL App (1st) 140426
Decision Date: 
Wednesday, April 20, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
PUCINSKI

Condominium association won a judgment and order for possession for Defendant's condominium due to her failure to pay $1,863 in assessments for common expenses. Court denied Defendant's 9 motions to vacate judgment. Evidence was presented of existence of a balance owed and a signed lease. Forcible Entry and Detainer Act does not mandate evidentiary hearing, but only sufficient evidence adduced by movant that judgment has been cured and property has not been leased. Defendant's attempt to pay outstanding balance 2 months after her eviction is sufficient evidence that she had not cured default. Court's order denying Defendant's motion to vacate was supported by evidence and is not against manifest weight of evidence, as Defendant had not cured judgment and property had been leased. (MASON and LAVIN, concurring.)