Dispute between a landlord and tenant regarding the tenant’s inability to pay rent due to restaurant closures during the Covid-19 pandemic. Landlord filed a complaint for forcible entry and detainer, breach of contract, and breach of guarantee. The trial court found in favor of the landlord, awarding the landlord monetary damages and immediate possession of the premises. On appeal, tenants first challenged the appellate court’s subject matter jurisdiction alleging defects in service of the five-day notice. The appellate court summarily rejected this argument on the basis that any purported supporting case law was out of date. Defendant further argued that the damages were not supported by the evidence. The appellate court found that tenant’s waived the issue by failing to argue mitigation of damages at the trial court and, even if not waived, the argument lacked merit. Finally, the appellate court found no error in the manner that the trial court conducted the trial. (LAVIN and COBBS, concurring)
Illinois Appellate Court
Civil Court
Landlord Tenant