Ivanhoe Shoppes, LLC v. Bauspies

Illinois Appellate Court
Civil Court
Leases
Citation
Case Number: 
2021 IL App (2d) 200582
Decision Date: 
Thursday, September 2, 2021
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
McLAREN

Plaintiff landlord and tenants had a written commercial lease. Court properly found that Plaintiff constructively evicted Defendants and that such eviction excused Defendants from paying future rent. By changing the locks, Plaintiff deprived Defendants of their enjoyment and use of the premises to conduct their fitness business, and thus constructively evicted Defendants, such that Plaintiff thereby lost the right to enforce the lease's acceleration clause. (HUTCHINSON and ZENOFF, concurring.)