Legal Question in Landlord & Tenant Law in Illinois

The tenant's attorney requested a jury demand and we are in discovery. I plan on filing a summary judgement at the next status meeting with the judge because I have sufficient evidence for my case. Should I amend my eviction complaint to include past due rent? Would it delay the case?


Asked on 6/01/11, 11:12 am

1 Answer from Attorneys

If all you filed for was possession and now you want to add unpaid rent, you must amend. If you filed for possession and a fixed amount of past due rent, you must amend but the judge may allow you to amend at trial (if it gets that far) if you already filed for rent. What you may not know is that summary judgment is a very HARSH procedural tool, and judges generally don't like granting that kind of motion because it denies the opposing party their day in court so to speak. The facts would have to be crystal clear and not subject to argumentation of virtually any kind.

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Answered on 6/01/11, 1:28 pm


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