2019 IL App (3d) 180040
Ill. App. Ct.2019Background
- Plaintiff Ruth Schroeder owned a 75% undivided interest in ~200 acres; defendant Doug Post (her nephew) farmed the land on a cash-rent, year-to-year basis.
- Defendant owed plaintiff $6,866 for the 2016 crop year; plaintiff gave written notice terminating the tenancy and demanded possession by February 28, 2017.
- Robert Post (defendant’s father and 25% co-owner) refused to join the termination and told defendant to continue farming.
- Defendant continued to farm during the 2017 crop year without plaintiff’s consent and made no rent payments for 2017.
- Trial court awarded plaintiff possession and damages of $62,726 (including $6,866 for 2016 and $55,860 in holdover/double-rent for 2017 under 735 ILCS 5/9-202).
- Defendant’s motion to reconsider challenged the possession award and the imposition of double (holdover) damages; the court denied the motion and defendant appealed solely as to holdover damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff was entitled to possession after she gave written notice terminating the year-to-year tenancy | Schroeder argued one joint owner can terminate the tenancy by written notice and recover possession | Post contended he had a colorable/rightful belief in continued possession because another co-owner (his father) did not consent to termination | Court upheld possession award, relying on Daugherty: a year-to-year tenancy ends once unanimous consent to continue no longer exists; one owner may terminate |
| Whether holdover (double-rent) damages under 735 ILCS 5/9-202 were proper | Schroeder argued Post willfully held over after written demand, so statute authorizes double yearly value recovery | Post argued he mitigated damages, saved the land from waste, and lacked bad faith/colorable justification so double damages were improper | Court affirmed holdover damages: record showed Post ignored written termination and had no reasonable belief he lawfully remained; holdover statute penalty applies when holding over is knowingly and willfully wrongful |
Key Cases Cited
- Stuart v. Hamilton, 66 Ill. 253 (1872) (holding that holdover penalty applies only where tenant’s continued possession is knowingly and willfully wrongful, not where tenant has reasonable belief of right)
- Daugherty v. Burns, 331 Ill. App. 3d 562 (2002) (a year-to-year tenancy terminates once unanimous consent to continue no longer exists; one joint owner may terminate)
- J.M. Beals Enters., Inc. v. Indus. Hard Chrome, Ltd., 271 Ill. App. 3d 257 (1995) (tenant is not charged double rent under holdover statute if possession is for colorably justifiable reasons)