Mayle v. Urban Realty Works, LLC

Plaintiffs were evicted from their Chicago apartment and filed suit alleging violations of the Residential Landlord and Tenant Ordinance (RLTO) and for common-law conversation for the alleged unlawful disposal of plaintiffs’ personal property by defendants. The trial court dismissed five of the plaintiffs’ 11 counts based on the statute of limitations and dismissed the remaining counts for failure to state a cause of action. The appellate court reversed the trial court’s dismissal based on the statute of limitations, finding that the claims were subject to a five-year statute of limitations and not a two-year statute of limitations under the applicable provisions of the RLTO. The appellate court affirmed the dismissals for failure to state a cause of action but reversed the designation of the dismissal as being “with prejudice” so that the plaintiffs would have the opportunity to remedy the defects in their complaint. (McBRIDE and ELLIS, concurring)