Gotham Lofts Condominium Association v. Kaider
2013 IL App (1st) 120400
| Ill. App. Ct. | 2014Background
- Gotham Lofts Condominium Association obtained a forcible entry and detainer judgment (Sept. 2009) and took possession of Kaider’s unit (Mar. 2010) for unpaid condo assessments, fees, and costs.
- Association placed the unit with property manager Phoenix Rising, which executed an April 2010 lease for $1,450/month purportedly to apply rent to Kaider’s delinquent account (~$5,800).
- Phoenix Rising allegedly failed to collect rent; association later discovered accounting irregularities, fired Phoenix Rising, and found the tenant had not paid and moved out.
- After 13 months, the association sought and received court permission to re-lease; Kaider moved to vacate the leasing-extension order and be reinstated to possession; the trial court granted relief and ordered an accounting.
- At postjudgment hearings neither party produced affidavits, documents, or witness testimony; the trial court nevertheless found the association liable for agent negligence, credited Kaider’s account more than $20,000, and ordered reinstatement.
- Appellate court reversed and remanded: no evidentiary hearing occurred, burden of proof was misallocated, and the trial court improperly decided collateral negligence/liability issues not germane to possession proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing is required on a §9-111 motion to vacate judgment of possession | Association implied allegations suffice; trial court can rely on record | Kaider argued the court must hold an evidentiary hearing to determine whether default was cured | Court: An evidentiary hearing is required; reversal because no evidence was presented |
| Who bears the burden to prove default was cured under §9-111 | Association argued plaintiff should prove debt remains unpaid | Kaider argued he had satisfied arrearages via rental income and sought vacatur | Court: Defendant (the movant) bears burden to prove default cured; trial court improperly placed burden on plaintiff |
| Whether collateral tort/liability issues (negligence of agent, association liability) are admissible in postjudgment §9-111 proceedings | Association: such claims are not germane and should be excluded from §9-111 proceeding | Kaider: raised negligence/agency to justify vacatur and damages/credits | Court: Collateral negligence/liability are not germane to possession under §9-106 and should not have been decided in §9-111 hearing |
| Whether trial court could credit defendant’s account absent accounting/evidence | Association: cannot be credited absent proof of payments or rental income; proper procedure requires record evidence | Kaider: alleged lease and unpaid rent issues justified crediting his account | Court: No factual basis in record for credits; trial court’s factual findings unsupported without evidentiary hearing |
Key Cases Cited
- Knolls Condominium Ass’n v. Harms, 202 Ill. 2d 450 (discusses contours of forcible entry and detainer for condominiums)
- Mashal v. City of Chicago, 2012 IL 112341 (principles of statutory interpretation; review de novo)
- In re Haley D., 2011 IL 110886 (movant bears burden for postjudgment relief analogous to §2-1401)
- Espedido v. St. Joseph Hospital, 172 Ill. App. 3d 460 (party seeking relief from judgment bears burden under §2-1203)
- Great American Federal Savings & Loan Ass’n v. Grivas, 137 Ill. App. 3d 267 (limited purpose of forcible entry and detainer proceedings)
- Sawyier v. Young, 198 Ill. App. 3d 1047 (definition of germane issues in forcible entry and detainer context)