Plaintiff sued her former landlord for violation of Chicago's Residential Landlord and Tenant Ordinance (RLTO), Consumer Fraud Act, and common law unjust enrichment. When Plaintiff pled that RLTO summary was attached to her lease, she did not plead facts sufficient to state a cause of action, and court properly dismissed her RLTO Count as factually deficient. Allegations were insufficient to show that liability may attach, but Plaintiff might be capable of pleading ordinance violation Court abused its discretion in rendering a "with prejudice" dismissal of RLTO Count and denying Plaintiff leave to amend, as Plaintiff's proposed allegations would correct defects of her original pleading, and proposed amendment was timely made. Other counts were properly dismissed with prejudice, as they failed to state a claim, and Plaintiff has no apparent grounds for amendment. (ELLIS and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Landlord Tenant