Bryton Properties, LLC v. Kids’ Work Chicago, Inc.

Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2022 IL App (1st) 210441
Decision Date: 
Monday, July 25, 2022
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Affirmed.
Justice: 
HYMAN

Defendant rented property from plaintiff to operate a daycare center, but stopped paying rent after the Covid-19 pandemic forced it to temporarily cease operations. Defendant argued that the pandemic constituted a “casualty” under the terms of the lease. Plaintiff filed a complaint for eviction and for use and occupancy payments. The trial court granted plaintff’s motion for use and occupancy payments and held defendant in indirect civil contempt when the payments were not made. Defendant appealed arguing that the trial court erred because plaintiffs did not have standing and that the trial court failed to hold an evidentiary hearing. The appellate court affirmed, but vacated the contempt and sanction order finding that defendant acted in good faith to obtain appellate review. (PUCINSKI and COGHLAN, concurring)