Answer and Affirmative Defense

 

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT

DUPAGE COUNTY, ILLINOIS

CHANCERY DIVISION

 

Anna James,                                                   )  Case No. 21 C 0666

                                                                        )

                                                Defendant,      )

                                                                        )

                                                                        )

v.                                                                     )

                                                                        )

Sam Kirk,                                                       )

                                                                        )

                                                Plaintiff.          )

 

 

 

ANSWER AND AFFIRMATIVE DEFENSE

 

Defendant Anna James, by her attorney, Jane Smith, answers the Complaint of Plaintiff Sam Kirk, as follows:

 

1.     Defendant Anna James admits.

2.     Defendant James admits.

3.     Defendant James admits.

4.     Defendant James admits.

5.     Defendant James admits.

6.     Defendant James denies.

7.     Defendant James admits.

8.     Defendant James admits.

9.     Defendant James admits.

10.  Defendant James denies.

11.  Defendant James admits.

WHEREFORE, Defendant Anna James prays for judgment against Plaintiff Sam Kirk in the amount of $6,000 representing six months of unpaid rent, plus court costs, attorney fees, and any other relief the court deems just.

Dated: April 8, 2021

Respectfully submitted,

 

 

 

______________________________

ANNA JAMES, Defendant

 

 

Respectfully submitted,

Law Office of Jane Smith,

 

 

 

______________________________

JANE SMITH, ESQUIRE

Law Office of Jane Smith

Attorney for Defendant

425 Fawell Drive

Glen Ellyn, Illinois 60137

(630) 942-2800 Ext. 5515

Attorney # 123-789

Attorney for Defendant

 

 

 

AFFIRMATIVE DEFENSE

 

Defendant Anna James, by her attorney, Jane Smith, asserts the following defenses to the allegations contained in the Complaint filed by Plaintiff, Sam Kirk, stating as follows:

 

 

5.     According to the terms of the lease, the defendant had the right to sublet the apartment.

 

6.     According to the terms of the lease, the defendant had the right to sublet the apartment.

 

7.     The Plaintiff’s refusal to grant permission for any one of three prospective qualified tenants Defendant proposed was neve explained, orally or in writing. Neither did the Plaintiff ever provide a definition to the Defendant, orally or in writing, as to what criteria a “qualified” prospective tenant must meet. Plaintiff’s refusal to grant permission for any one of the three proposed candidates was capricious, unfair, unexplained, and based on a personal prejudice inappropriate in a commercial real estate transaction.

 

9.       Between April 7, 2020, and May 15, 2020, Defendant introduced Plaintiff to three qualified tenants. Plaintiff’s refusal to accept any one of the three proposed qualified tenants presented by the Defendant was capricious, unfair, unexplained, and based on a personal prejudice inappropriate in a commercial real estate transaction.

 

10.   Defendant did not breach the lease when she moved on May 31, 2020, having given Plaintiff sufficient notice and having presented him with three qualified candidates to sublet the apartment, and is therefore not liable for $6,000 in rent.

 

11.   Plaintiff unlawfully failed to return the $1000 security deposit to the Defendant, a security deposit intended only to reimburse the Plaintiff for any unanticipated damage to the premises. The Defendant left the premises in “spotless” and perfect condition. The purpose of the security deposit is not to reimburse Plaintiff for any loss he might sustain; it is only intended to reimburse him for damage to the unit caused by a renter.

 

Defendant Anna James is not liable for the balance of the lease she signed, as Plaintiff alleges. She acted, not only in good faith, but energetically by bringing Plaintiff three qualified tenants.

 

Plaintiff has a legal responsibility to “mitigate damages,” by promptly finding a new tenant. In an area with a chronic housing shortage for lower income renters, it is unlikely that the Plaintiff could have tried and failed to find a new tenant within 30 days. Plaintiff had an opportunity, which he did not take, to find a new tenant among the three qualified candidates the Defendant brought to him. Plaintiff’s refusal to accept any of these three candidates for tenancy, and Plaintiff’s failure to find a new tenant over a period of six months through his own efforts, is a unlawful failure to mitigate damages.

 

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