(Modified upon denial of rehearing 2/4/19.) Landlord sued tenant for breach of commercial leases, alleging that tenant breached a covenant to restore premises to their original configuration at end of lease terms and that such failure was also a holdover under the lease. Jury found in landlord's favor on 2 counts, but court later granted tenant JNOV on holdover claim. Sufficient evidence for jury to conclude that tenant held possession constructively, as tenant exercised control over premises after leases expired. Issue of possession is a factual one for jury to decide, and JNOV was improper. Court's conditional ruling, that tenant is entitled to new trial on holdover claim based on improper jury instruction, is reversed, and verdict is reinstated. Remanded for proceedings on issue of landlord's attorney fees, as court erred in considering only proportionality and should have considered 8 factors as set forth in 2001 Esker v. Cle-Pas's appellate court decision. Court properly denied prejudgment interest, as that was controlled by terms of lease. (McLAREN and HUTCHINSON, concurring.)
Illinois Appellate Court
Civil Court
Landlord Tenant