 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Allen v. Lin3/31/2005
Plaintiff appeals from the final order issued by the circuit court of Cook County following the bench trial of a landlord and tenant dispute. We reverse and remand.
On May 21, 2002, plaintiff, Mark Allen, along with three other individuals, entered into a one-year residential lease with defendants, Edward and Judy Lin, for a townhouse located at 1369 E. 55th Place in Chicago . The rent was listed at $1,600 per month and the security deposit was $2,400. Defendants owned and lived in a townhouse at located at 1365 E. 55th Place, two units away from the leased unit.
The lease expired on June 30, 2002. On August 6, 2002, defendants gave plaintiff a check for $2,200, stating that they were retaining $200 of the security deposit to make repairs to the kitchen floor. Plaintiff did not cash the check. On August 8, 2002, defendants sent plaintiff a letter notifying him not to cash the initial check because they forgot to deduct $700 which they had paid to the person allegedly subletting the townhouse from plaintiff. On August 18, 2002, defendants sent plaintiff a check for $1,500. Again, plaintiff did not cash the check.
On September 26, 2002, plaintiff filed his five-count complaint against defendants for breach of contract and various violations of the City of Chicago Residential Landlords and Tenants Ordinance (Chicago Municipal Code ยง 5-12-101 et seq. (2004)) (RLTO).
Defendants filed their answer in which they denied various allegations contained in the complaint and raised three affirmative defenses. In addition, defendants filed a counterclaim alleging certain lease violations and seeking $2,350 and attorney fees. Defendants later amended their affirmative defenses, alleging that plaintiff had failed to attach supporting evidence and that plaintiff had not satisfied the terms of the lease.
A bench trial was held on February 18, 2004. Plaintiff called himself and defendant Edward Lin as witnesses. At the close of plaintiff's evidence, defendants moved for a directed verdict on the RLTO claims. After hearing argument, the court granted the motion - finding that under section 5-12-020 (a) of the RLTO, the property was exempted from application of the ordinance because it was in an "owner-occupied building containing six units or less." The case then proceeded on plaintiff's remaining breach of contract claim and defendants' counterclaim. At the conclusion of the trial, the court entered judgment in favor of plaintiff for breach of contract, awarding him $2,400, plus costs. The court also denied defendants' counterclaim.
Plaintiff filed his notice of appeal on March 30, 2004. As no court reporter had been present at trial, plaintiff's counsel prepared and filed a bystander's statement in connection with his record on appeal, pursuant to Illinois Supreme Court Rule 323 (166 Ill. 2d R. 323). Hearing on entry of the statement was held on May 10, 2004. At the hearing, both defendants and the trial court disagreed with the rendition of the trial proceedings offered by plaintiff. The parties and the court held a conference and agreed that certain changes were to be made to the statement before the court would certify it. The court continued the matter until May 14, 2004. At the May 14 hearing, plaintiff presented the court with a version of the bystander's statement that did not reflect the changes discussed during the May 10 hearing. Believing the statement to be inaccurate, the court made its own revisions and then allowed it to be entered as amended. The bystander's statement that was entered provides in relevant part:
"Plaintiff testified that the there were a series of townhouses in the complex. He estimated the townhous
Page 1 2 3 4 5 6 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|