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Turner v. 1212 S. Michigan Partnership

Case Date: 01/31/2005
Court: 1st District Appellate
Docket No: 1-02-2279 Rel

FIRST DIVISION
January 31, 2005




No. 1-02-2279

 

LERNON TURNER and ADRIANNE ) Appeal from the
JONES-TURNER, ) Circuit Court of
  ) Cook County.
                         Plaintiffs-Appellants, )  
  )  
v. ) No. 01 M1 154847
  )  
1212 S. MICHIGAN PARTNERSHIP, LaSALLE ) Honorable
NATIONAL TRUST, N.A. as Trustee of Land ) James P. McCarthy,
Trust #4220 f/k/a AMERICAN NATIONAL BANK ) Judge Presiding.
& TRUST COMPANY, AIMCO RESIDENTIAL )  
GROUP, L.P. a/k/a AIMCO and INSIGNIA )  
MANAGEMENT GROUP, )  
  )  
                         Defendants-Appellees. )  
     

JUSTICE GORDON delivered the opinion of the court:

Plaintiffs, Lernon and Adrianne Turner, appeal the grant of defendants', 1212 S. MichiganPartnership, LaSalle National Trust, N.A. as trustee of land trust #4220 f/k/a American NationalBank and Trust Company, AIMCO Residential Group, L.P., a/ka/ AIMCO and INSIGNIAManagement Group (hereinafter collectively referred to as 1212 S. Michigan), motion to dismisstheir complaint with prejudice pursuant to section 2-619(a)(9) of the Code of Civil Procedure(735 ILCS 5/2-619(a)(9) (West 2002)). Plaintiffs contend that they presented a material factualdispute precluding a judgment on the pleadings. We affirm in part, reverse in part, and remandthe cause for further proceedings.

I. FACTUAL BACKGROUND

In February 2000, the Turners, who are a married couple, were tenants in an apartmentbuilding owned and managed by defendants, located at 1212 S. Michigan Avenue in Chicago. Pursuant to their lease with 1212, plaintiffs paid security deposits of $946 for their apartment,plus an additional $100 for their garage key.

In the summer of that year, plaintiffs experienced marital discord. Adrianne sought andreceived an order of protection against her husband, and Lernon vacated the apartment. Realizingthat she could not continue to pay her rent with only her income, Adrianne approached 1212 toinquire about breaking the lease. 1212 allowed Adrianne to break the lease early, and she movedout of the apartment on August 16, 2000. 1212 did not refund plaintiffs' security deposit.

On November 2, 2001, the Turners filed a complaint against 1212, followed by anamended complaint on May 20, 2002. The Turners sought relief for 1212's failure to return theirsecurity deposit as required by the Chicago Residential Landlord Tenant Ordinance (RLTO)(Chicago Municipal Code