Plaintiff filed suit seeking to obtain unpaid rent pursuant to a lease of commercial premises. Defendant counterclaimed for breach of contract, seeking rent abatement. The trial court granted summary judgment in favor of the defendant and plaintiff appealed arguing that the doctrines of impossibility or commercial frustration did not excuse a restaurant from paying rent during a pandemic where public health orders never required that restaurants close and that no provision of the lease allowed for the renter to be excused from paying rent. The appellate court reversed, finding, first, that the pandemic was not a casualty for the purposes of the lease at issue because the lease referred solely to physical damage and, as a result, the provisions of the lease allowing for rent abatement under certain circumstances was not applicable and, second, that a genuine issue of material fact existed as to whether the public health orders made it impossible for defendant to operate a restaurant on the leased premises. Thus, summary judgment was not appropriate on that issue and the appellate court remanded for further proceedings. (PIERCE and ODEN JOHNSON, concurring)
Illinois Appellate Court
Civil Court
Landlord Tenant