Ross Group, Inc. v. Nicholson

No. 5-95-0898 (Ill. App. Ct. Nov. 6, 1996). ; Clearinghouse Number: 51589

Description

Landlord May Not Evict Section 8 Tenant for Failure to Pay One Month’s Rent

Abstract

The appellate court has affirmed the order vacating this forcible entry and detainer action. Plaintiff landlord had sought to evict defendant Section 8 tenant after she failed to pay one month’s rent. At the initial hearing, tenant, appearing pro se, alleged that she did not pay rent after problems with her refrigerator forced her to replace spoiled food and that landlord refused her subsequently proffered payment. The trial court granted landlord possession, and tenant, who had secured counsel, moved to vacate the judgment. She argued that because she had appeared pro se at the initial hearing she had been unable to present her defense that HUD regulations barred landlord from terminating her tenancy absent "good cause" or "material noncompliance" with the lease. Moreover, because she was a low-income tenant and was prepared to pay all amounts owed to landlord, the trial court’s relief from the forfeiture would prevent the injustice of her being deprived of her home. The trial court vacated the order for possession, directed tenant to pay her past-due rent, and dismissed landlord’s complaint. The appellate court, noting that tenant’s motion to vacate raised new matters that were not considered by the trial court and that arguably would have denied landlord possession, held that tenant’s posttrial motion was proper and that the trial court did not err in considering it. The appellate court also held that tenant’s defense—that the nonpayment of one month’s rent did not constitute "material noncompliance" with the lease—challenged landlord’s right to possession and was germane.

Additional Information

Attorney Information
Defendant-appellee represented by Paul Matalonis, Heidi Balsley (law student), Land of Lincoln Legal Assistance Foundation, Inc., 489 Health Department Rd., P.O. Box 424, Murphysboro, IL 62966-0424; (618) 684-2282.
Docket Date
1996-11-06 00:00:00+00:00