Rexam Beverage Can Co. v. Bolger

Dist. Ct. did not err in granting defendants' counterclaim seeking back rent and damages to roof of warehouse leased to plaintiff when plaintiff overstayed lease on warehouse by 17 months. Terms of lease, which called for plaintiff to make all structural and extra ordinary repairs to warehouse, required that plaintiff make repairs to roof, and Dist. Ct. could properly use actual repair cost to roof when calculating defendant's damages. Moreover, defendants satisfied conditions for seeking double fair market rental damages under Illinois Holdover Statute where record showed that plaintiff's 17-month, post-lease stay was both willful and wrongful. Dist. Ct. erred, though, in awarding defendants rental damages measured in terms of gross rental rate (that included costs of property, as well as insurance and taxes), rather than lower net rental rate, which reflects only cost of subject property itself.