Plaintiff filed a six-count amended complaint against the defendants alleging breach of commercial lease for failing to pay rent and by causing property damage. The defendants raised affirmative defenses related to their obligation to pay rent during the Covid-19 pandemic. The trial court granted partial summary judgment in favor of the plaintiff finding that the tenants were obligated to pay rent during mandatory shutdowns and proceeded to trial on the issue of damages and entered damages, including late fees and attorneys fees. On appeal, the defendants argued that the trial court erred in granting the plaintiff’s motion for summary judgment and in rejecting their affirmative defenses and that the trial court erred when it found plaintiff the prevailing party for the purposes of awarding attorneys fees. The landlord filed a cross-appeal and argued that the trial court’s award of simple, rather than compounded, late fees was improper and that the trial court did not properly calculate attorneys fees. The appellate court affirmed in part and reversed in part, finding that the trial court properly granted summary judgment in favor of the plaintiff and that the trial court properly imposed a simple late fee award but that finding that the trial court erred when it concluded that the plaintiff was the prevailing party because both parties prevailed on major issues. (ALBRECHT and DAVENPORT, concurring)
Illinois Appellate Court
Civil Court
Breach of Contract