Schroeder v. Post

Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2019 IL App (3d) 180040
Decision Date: 
Friday, January 18, 2019
District: 
3d Dist.
Division/County: 
Iroquois Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

(Court opinion corrected 2/4/19.) Plaintiff, who is Defendant's aunt and joint owner (of 75%, with Defendant's father who owned 25% interest) of 200 acres of farmland, terminated oral lease agreement with Defendant by giving him written notice in October 2016. Defendant ignored that notice and continued to farm the land during 2017 crop year while paying no rent. Thus, court reasonably concluded that Defendant had no reasonable belief that he rightfully possessed the land in 2017, and court properly awarded Plaintiff possession and ordered Defendant to pay damages, including holdover damages, plus costs. A joint owner of property may terminate an oral lease agreement without unanimous consent of all joint owners. (HOLDRIDGE and McDADE, concurring.)