Entertaining and educating business content. Pole Realty Co. v. Sorrels, 84 Ill. 2d 178, 182-83 (1981) (extending the holding in Jack Spring to single-family residential properties). 3d 784, 793 (1st Dist. 982.310(b)(2). Wells Fargo Bank v. McCondichie, 2017 IL App (1st) 153576, 11. v. Cobb, 361 Wis. 2d 359 (2015); and Housing Auth. A premature filing certainly warrants dismissal of the case, but it does not deprive the court of subject matter jurisdiction. It is clear that claims of racial discrimination and civil rights violations . Rosewood Corp. v. Fisher, 46 Ill. 2d 249, 256-57 (1970) (claims of discrimination and civil rights violations are equitable defenses germane to the distinctive purpose of the forcible entry and detainer actions); Marine Park Assoc. 591, 598-99 (Bankr. 1990) (question of fact existed as to whether housing authority intended second notice to operate as waiver of its rights under first notice, so remand was necessary for evidentiary hearing.). The court then addressed the common misperception that claims for damages are never germane. A few examples of an affirmative defense against a breach-of-contract claim include: You may state that the contract is an oral contract and should have been in Ignoring this fact, the Milton court relied on the Powell courts decision to affirm the dismissal of a different counterclaim seeking monetary damages for the landlords violation of the RLTOs warranty of habitability provision. %%EOF h[msF:WAuxHH"(Q*:tOwgmh|6tNBZ(juCb Affirmative Defense - Causation: Third-Party Conduct as Superseding Cause CACI No. WebA Checklist of common defenses available to a defendant when responding to a complaint that pleads breach of contract claims under Illinois common law. WebScore: 4.5/5 ( 8 votes ) Affirmative Defenses to Negligence. Term. In Diaz, the court rejected the plaintiffs contention that the one-day difference is irrelevant because [the tenant] did not claim that she did, in fact, tender the overdue rent on Monday, October 22. "your articles on the changes to the child support law are very well-written and informative.. Helgason, 158 Ill. 2d at 103 (assistance payments do not constitute rent.). Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. You will need to prove that the contract should have been in writing and that it was not in writing. Auth., 658 So. 2002) (citing Illinois Merchants Trust Co. with approval and noting that the prevention of a forfeiture is within the protecting care of equity whenever wrong or injury will result from its enforcement.). Such notice will preserve the lessor's objection to his tenant's conduct, and acceptance of rent under those circumstances cannot reasonably be interpreted by the tenant as acquiescence. WebAffirmative defenses include any defense, in fact, or law, which would prevent the Plaintiff from winning the case. . Code, 3306) 357. 3d 110, 113-14 (the defendants had no burden to meet with respect to the doctrine of clean hands since it is inapplicable when defendants are seeking defensive relief from a court of equity and are not counterclaiming.). The Affirmative Defenses . Thus, the Illinois Supreme Court made it clear that practitioners and courts need to decipher between affirmative defenses and counterclaims. . This style of defense focuses on the circumstances and mitigating facts surrounding the contract. Housing Auth. Many tenants in court face barriers such as low literacy, mental illness, and limited English proficiency. Id. For example, one party may claim that it performed under a commission agreement and is entitled to payment of his or her commission. In the federal housing programs, therefore, any termination notice must set forth good cause for termination with enough specificity to enable the tenant to prepare a defense. hbbd```b``>"A$u)*"YmX_0,bfW__` XDAZf3i+KAf 3HQN ? (As noted above, Spanish Court stated that the Powell court clearly erred in affirming the dismissal of this counterclaim.). These defenses should be listed at the end of your answer after the section where you have responded to each and every 3d at 904-05 (2d Dist. Defendant owes a sum of $XXXX.XX dollars to Plaintiff for charges and/or cash advances incurred on Madison v. Rosser, 3 Ill. App. The Owner must not terminate or refuse to renew the lease except upon the following grounds: Serious or repeated violation of the terms and conditions of the lease; or, Violation of applicable Federal, State or local law; or, For the Project-Based Voucher Program24 C.F.R. at 6-7. It is therefore appropriate to consider relevant decisions from outside Illinois. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. There are several defenses to counter a claim of breach of warranty. Laches is an equitable doctrine which precludes the assertion of a claim by a litigant whose unreasonable delay in raising that claim has prejudiced the opposing party. Tully v. State, 143 Ill. 2d 425, 432 (1991). South Austin Realty Assn v. Sombright, 47 Ill. App. 3d 878, 884 (1st Dist. Chicago Housing Authority v. Taylor, 207 Ill. App. Section 9-106 of the Eviction Act provides that no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. 735 ILCS 5/9-106. Jack Spring v. Little, 50 Ill. 2d 351, 358-59 (1972) (when a tenant is facing eviction for nonpayment of rent, the tenant may assert as an affirmative defense and counterclaim that the landlords failure to maintain the premises reduced its value by an amount that exceeds the rent due.). As for the third requirement, extinguishment, we observe that the extent to which an old contract has been extinguished is dependent upon the interpretation of the extent to which the new agreement operates as a discharge. See Reichert v. Court of Claims of State of Illinois, 203 Ill. 2d 257, 262 n.1 (2003) (appellate court decisions issued prior to 1935 are persuasive authority only.). 2d 909, 912 (N.D. Ill. 1998) (Illinois caselaw specifically states that a petitioner's motivation in bringing a forcible entry and detainer action is germane to the proceeding.). 1999). [165]. 1996), the Illinois Appellate Court expanded the definition of protected activity set forth in the statute to include obtaining an order of protection. 619 0 obj <> endobj 1972) (A landlord may not pursue an eviction action based on a termination notice demanding unpaid rent if the tenant tendered the amount due before the notice expired, and the landlords reason for rejecting the timely tender is immaterial.). Kellihers amended answer assertsfourteen affirmative defenses. The family is not responsible for payment of the portion of the rent to owner covered by the housing assistance payment under the HAP contract between the owner and the PHA. 24 C.F.R. 982.310(e)(1)(i) and 983.257(a). 2022 O'Flaherty Law. Gather 3d 56, 59 (1st Dist. 3d at 224 n.9. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. E.D. The purposes of the notice requirement include providing tenants with grace periods to make slightly late rent payment and avoid loss of their leasehold, and to provide fair warning to tenants, in cases where there might be a dispute or misunderstanding over the rent amount or its transmission, that the landlord has not received the rent due. 983.257, 24 C.F.R. Implied waiver . 2001); First National Bank of Evergreen Park v. Chrysler Realty Corp., 168 Ill. App. Undue Influence. Five months before the probationary period ended, CHA filed an appeal and challenged the trial courts exercise of its equitable powers. See Digesu v. . On July 16, 2009, she was arrested for possession of cannabis after she voluntarily allowed Chicago police officers to search her apartment. Why? We are the go-to law firm in Illinois for commercial disputes. 1997), clearly erred . WebAffirmative Defenses These defenses do not assert that a breach of contract didnt occur but that the other party should not win the lawsuit. at 21. For programs governed by 24 C.F.R. Dominick, 154 Ill. App. Illinois Merchants Trust Co. was decided prior to 1935 and is therefore not binding authority because it predates an amendment to the Courts Act that conferred precedential authority to Illinois Appellate Court decisions. Duress In limited situations, duress can also be argued as an affirmative defense in cannabis litigation. The new contract discharges, immediately, the previous contractual duty or a duty to make compensation; it creates a new contractual duty and includes, as a party, one who neither owed the previous duty nor was entitled to its performance. CONTRACT FOR GOODS OR PRODUCTS (Things) ONLY Successive termination notices do not constitute waiver if the second notice merely updates the first and would not lead a reasonable person to believe that the landlord was waiving its right to rely on the first notice. [T]he record shows that the parties initially entered a valid prior obligation when they signed the CHA lease for the property at 982 North Hudson Avenue on May 19, 2009, with an income-based rent set at $495 per month. The Milton court relied entirely on Powell, but the Powell court actually affirmed the tenants right to pursue a counterclaim seeking monetary damages for the landlords violation of the RLTOs prohibition against retaliatory evictions. WebTo get your demand letter, you should sign up for DoNotPay and follow these steps: Open the Client Breach of Contract product. Novation is the substitution of a new debt or obligation for an existing one, which is then extinguished. [C]ourts have uniformly recognized that the Goldberg due process requirements apply in the context of subsidized housing benefits. Nalubega v. Cambridge Housing Auth., 2013 WL 5507038, *16 (D. Mass. [A] breach, to justify a premature termination or forfeiture of a lease agreement, must have been material or substantial. Wolfram Partnership Ltd. v. LaSalle National Bank, 328 Ill. App. The defendant detrimentally relies on this statement and makes the delivery (taking on the cost burden of completing manufacture and delivery of the goods), but the plaintiff subsequently rejects the goods on the basis of the late delivery. 1913) (retention for three months constitutes acceptance.). A landlord may not reject a rent payment on the grounds that the money is coming from a third-party. at 902. v. Witz, 147 Ill. App. A more accurate statement is: Where a [defendant's] claim seeks damages. It is of the nature of equitable relief that it may be granted to obviate the effect of an act which the other party has a right to perform, but by which he in equity and good conscience should not be allowed to benefit. 9. 3d at 223. A breach of contract occurs when one or more parties dont fulfill a written or oral agreement. Instead, the goods are left un-bought and in the plaintiffs distribution warehouse. Webtime including six affirmative defenses: (1) unclean hands; (2) breach of contract; (3) failure to mitigate damages; (4) promissory estoppel; (5) laches; and (6) a setoff from the amounts otherwise due to Champion based on lost rental income dating back to the lockout. Livecchi v. Pyatt, 2003 WL 21246096, *7 (County Court, Monroe County 2003) (if PHA had terminated the HAP Contract, owner would have been legally entitled to increase tenants monthly rent payments, but only after first complying with state law by giving the tenant notice of the proposed rent increase at least one month before the expiration of the term.). 2000) (collecting relevant cases, and noting that [t]ermination notices for federally subsidized housing have been found to be insufficient where they contain only one sentence, are framed in vague and conclusory language, or fail to set forth a factual statement to justify termination). Asserting an affirmative failure to mitigate defense will simply minimize your damage liability it will not eliminate it altogether. . Both parties to a contract have obligations and duties. The court went on to explain why it is especially important to ensure that subsidized housing residents receive notices that are clear and specific: We agree with the amici curiae groups providing services to low income families in our state, that the exclusion of superfluous charges that a tenant would not need to defend against to avoid eviction is especially important in light of the lack of legal sophistication of many recipients of these notices. 2019 Conn. LEXIS at *25. 3d 275, 279-80 (1st Dist. Though a tenant may not be able to cure her own criminal activity, she may be able to cure another persons crime by barring the offender from the premises. That is, where the actions that allegedly constitute a breach of a contract have already occurred, there is no future uncertainty to resolve. Application of the waiver doctrine is intended to prevent the waiving party from manipulating the other party into a technical breach of contract after having given assurances that such breach would not be an issue. 354. c. Even taking that as true, it does not change the result., Th[e]defect invalidated the notice. Co., Inc. v. Bonifacio, 906 N.Y.S.2d 770 (N.Y. Civ. Section 8 Moderate Rehabilitation Program The notice must . 1971) (allegations of racial discrimination are pertinent and germane under Rosewood to the distinctive purpose of the [eviction] proceeding); Fayyumi v. City of Hickory Hills, 18 F. Supp. Kelliher. 3d 263, 270-71 (2d Dist. WebI. This article will provide you with a basic understanding of these defenses, enhancing your understanding of the contracts you sign as well as your ability to identify the situations where an attorney consultation may be useful. 1978), in which the court noted the possibility that circumstances may arise, in future cases, where a landlord's action in seeking to evict a tenant would be so invidiously motivated and would so contravene the public policy of our State that we would not permit our courts to implement the eviction in a forcible entry and detainer proceeding., Tenant may assert as an affirmative defense that the landlords demand for possession is based solely or in part on the tenants citizenship or immigration status, or failure to provide a social security number or information required to obtain a consumer credit report. Even when the service has been disconnected, the tenant may be able to argue that her failure to maintain service does not warrant eviction. 882.511. Maybe not. The other party may filea declaratory judgment 1890) (The new lease was made with full knowledge of the prior default . Suppose that you breach a contract by rejecting a batch of goods from the plaintiff (the goods meet all the requirements under contract). Indeed, this specificity requirement is set forth explicitly in the regulations governing these programs: Public HousingThe notice of lease termination to the tenant shall state specific grounds for termination. 24 C.F.R. For the most up-to-date housing resources, please visit our Eviction Help Illinois page. . 635$ 2;F3m$]brAG?nYgYn=>-w&s`1ALFI"*)o$yAA99QsW^2T(;b+slSrdU>gbX -^Mga@ `4 Use this form if you were sued for eviction after your landlord posted the eviction notice on your door. Public Policy. An affirmative defense does not allow you to contest the plaintiffs claims. v. Johnson, 1 Ill. App. To calculate the proper date, follow the statute on statutes, which provides that, The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. A few examples of an affirmative defense against a breach-of-contract claim include: You may state that the contract is an oral contract and should have been in writing. Peoria Housing Auth. Contracts need a meeting of the minds. Both parties must agree upon all essential contract terms to be enforceable. . WebA breach of contract is where one party fails to fulfill his or her contractual promise or obligation. It includes common defenses to contract formation, contract performance, the plaintiff's ability to bring the lawsuit, and damages. The court, instead, placed Joiner on six-months probation, allowing her to remain in the apartment as long as there was no recurrence of illegal drug use during that time. Id. Felton v. Strong, 37 Ill. App. 2009)that have addressed the question whether federal law preempts right-to-cure provisions: The results in these decisions are split; Scarborough and Cobb concluded that the right-to-cure statute provisions. )PuK50M;C|k:CjZu~Bi. Section 16 of the Mobile Home Landlord and Tenant Rights Act. 979 N.E.2d at 901. Owners/Lessees Damages for Breach of Contract to Construct Improvements on Real Property. There are no fixed rules for when laches applies and the court must examine all the circumstances, including the defendant's conduct. Whitlock v. Hilander Foods, 308 Ill. App. prejudice to the opposing party resulting from the delay. Day-Luellwitz was decided prior to 1935 and is therefore not binding authority because it predates an amendment to the Courts Act that conferred precedential authority to Illinois Appellate Court decisions. One such affirmative defense is the Statute of Limitations. On November 5, 2009, CHA filed an eviction action against her, alleging that she had violated the lease by possessing marijuana. Public housing resident was permitted not only to dispute that she owed rent, but to file a counterclaim seeking to recoup rent that she had allegedly overpaid, and the trial court erred by striking this counterclaim. The PHA failure to pay the housing assistance payment to the owner is not a violation of the lease between the tenant and the owner. 24 C.F.R. Id. In re Cottie, 189 B.R. Marriott v. Shaw, 574 N.Y.S.2d 477 (N.Y. Civ. The landlord may not terminate any tenancy in a subsidized project except upon the following grounds: Material noncompliance with the rental agreement; or, Material failure to carry out obligations under any state landlord and tenant act; or. Furthermore, the doctrine of clean hands applies only if a party seeking equitable relief is guilty of misconduct, fraud, or bad faith toward the party against whom relief is sought, Assume, therefore, that an elderly tenant with disabilities argues that evicting her from public housing for nonpayment of $3.86 would shock the conscience. Promissory Estoppel The at 5. 358. Something went wrong while submitting the form. 432. Affirmative Defenses To Breach Of Contract Claim Facing a breach of contract lawsuit as a person, business or entity means that you may have to pay the CHAs appeal was dismissed due to a technical error regarding the timing of its appeal. ]| .J]aw9;R]Ch|e[?uGp&t^0a? Sombright, 47 Ill. App. the nonperformance or breach by the other party must be substantial or material.); Mann v. Mann, 283 Ill. App. In Spanish Court Two Condo. For legal help in Cook County, visit Cook County Legal Aid for Housing & Debt.Message and data rates may apply; Terms of use. WebDefendant is indebted to Plaintiff for goods and services plus contract interest purchased on an open account on a theory of account stated. No Illinois Court has addressed the use of a laches defense in a nonpayment case. If someone does file a breach of contract claim, you have several options to defend yourself. WebDuress. Let us know in the comment section! 11. A contract will not be enforced by an Illinois court if material facts were fraudulently misrepresented. Preserving the right to evict while accepting rent. In Illinois, contract law requires that the injured party make reasonable efforts to mitigate their breach of contract damages. 880.607(b)(3). 1992). Div. at 359 ([A] tenant may bring an action against his landlord for breach of a covenant or may recoup for damages in an action brought to recover rent.). By repeatedly accepting late payments, a landlord may waive its right to demand strict compliance with the payment date set forth in the lease unless and until it provides the tenant with advance notice that late payments will no longer be tolerated. Webbreach of contract action. A termination notice need not identify the date on which the lease agreement will terminate. 3d 508, 512 (4th Dist. v. Sanders, 54 Ill. 2d 478, 483 (1973) (when an action for possession is based upon nonpayment of rent, the question whether the defendant owes rent to the plaintiff is germane, whether or not the plaintiff seeks judgment for the rent that he says is due.). During the abatement process, the family remains responsible for its share of the rent. Fraudulent misrepresentation of relevant facts pertaining to the contract at-issue may relieve the breaching party of liability. The operative characteristic is that the defense applies only to tort claims. Absent one or more substantial violations, [m]aterial noncompliance requires a pattern of repeated minor violations of the lease, not isolated incidents. Id. 1 states that Plaintiff cannot recover because Plaintiff first materially breached the parties long The Affirmative Defenses (Attachment 4) form describes the most common defenses to a breach of contract case. See Sayles v. Greater Gasden Hous. The validity of the new contract. The court rejected the idea that a tenant cannot fight for possession of a dwelling unit and simultaneously contend that it has not been maintained in substantial compliance with building codes. Judicial sale purchaser's purported failure to comply with city ordinance that provided for the payment of relocation assistance fees to qualified tenants displaced by a foreclosure action constituted a valid defense to purchaser's eviction action. Pielet v. Pielet, 2012 IL 112064, 52. are germane to an Illinois forcible entry and detainer action. Flowers v. Burton Wells, Ltd., 2002 WL 31307421, *4 (N.D. Ill. 2002). However, if a contract is not properly drafted, it could be held unenforceable, and a breaching party would not be liable to the other party even if Id. This resource for lawyers gives an outline of the case law, regulations, and history relevant to housing law. 3d 915, 922 (3d Dist. It has long been established that any act of a landlord which affirms the existence of a lease and recognizes a tenant as his lessee after the landlord has knowledge of a breach of lease results in the landlord's waiving his right to forfeiture of the lease. Midland Mgmt. Failure to mitigate is not an absolute defense. This defense applies if the services provided by the person suing you failed to meet the custom and standard within the industry. WebAffirmative Defenses to Breach of Contract in Illinois Waiver. Ct. 2008) (laches barred landlord from evicting subsidized housing resident for nonpayment of almost $7,000 in rent that had accrued over eight years). The intention of the parties to extinguish a debt is not presumed, and the party claiming discharge has the burden of proving novation by a preponderance of the evidence. The owner may terminate the lease agreement without good cause at the end of the initial or any successive term because the family may then move to another unit where the family may receive the benefit of its tenant-based rental assistance. R&`lj)I$&xRAG:--J}lKDkih[`fZccKV@4Rbo%''DB"IQc%7Qa4J%cpD+F];# iEAH 5v(t9MG y:,rm$tQ*A?N_Z6IKHntD+xP#E1n 1~knIMk6kZi\3o|7f>|3O{H?r.~loi~V|/^?vkCVvJtVM8=rY]jOVd265KmGa'i3n5u@C6m}hKXtmziC$|%OFk@nlWk1[6~jxx}j?*Jf"fe/[-2`a[(/>3m#Zzx*+bFxO#rQ+%[0~xFbLb[S5c+6)L23cb(r6msQNQ:c68|)m#mfT0~3PmSNX}'uZW8uZ?E]Qfy-`:vj_r:*H866}Q9[I+.-1Ji=*(F(?&e9DL|QNx6sqQBQsixR0)O|4~EyE,b4;?/Y9ll,bq&~-3o?D}6/Kq2[IXT@chbZQl2*MB,N%y+uEZtDWD_P@x!_KJx}F?/k^1fajTGs%P8#1q*D%!8S11Q >OR y&R/'%i921-dXT1.NOI?G{'SlQ1'. r=_n~mJ(ub\bqC. Absent a disconnection of service, a tenants failure to pay utility bills does not warrant eviction. Id. During the lease term, the owner may not terminate the tenancy except for: Serious violation (including but not limited to failure to pay rent or other amounts due under the lease) or repeated violation of the terms and conditions of the lease; or, Violation of federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or. 1994) (setting forth elements of promissory estoppel claim in landlord-tenant dispute). [s]tate the reasons for such termination with enough specificity to enable the Family to prepare a defense. 24 C.F.R. The HUD Model Lease is used in the following programs: Section 8 Loan Management Set-Aside Program, Section 8 Program for the Disposition of HUD-Owned Properties. 1976). See Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 95 (1996) (declining to rely on 1888 appellate court decision holding that it is not per se defamatory to call a woman a slut, in part because [a]ppellate court decisions issued prior to 1935 ha[ve] no binding authority.). (internal quotation marks omitted). The following conduct by a tenant shall not constitute grounds for eviction or termination of the lease, nor shall an eviction order be entered against a tenant: As a reprisal for the tenants effort to secure or enforce any rights under the lease or the laws of the State of Illinois, or its governmental subdivisions of the United States; As a reprisal for the tenants good faith complaint to a governmental authority of the park owners alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes; As a reprisal for the tenants being an organizer or member of, or involved in any activities relative to a home owners association; As a reprisal for or on the basis of the tenants immigration or citizenship status. Novation 1. However, Illinois has never decided the defense is limited to that recognized in the Eviction Act. Wood, 284 Ill. App. at 366. ie$kC[!af8C<9b/$HTeUdz (See above.) 247.4(a). It is an affirmative defense to a breach of contract claim to argue that the contract is fundamentally unenforceable due to illegal terms. 556, 557 (N.D. Ill. 1981); see also 24 Ill. Law and Prac., Landlord and Tenant, 111. 2-314(1) states that, unless otherwise excluded or modified, a warranty that the goods are merchantable is implied in a contract for sale if the seller is a merchant of these sorts of goods.. 1998) (For a party to terminate or rescind a contract . After reviewing this form, you may decide that none of the affirmative defenses it describes apply to your case. An affirmative equitable estoppel defense would be applicable under such circumstances. Instead, an affirmative defense is a defense that, if true, negates what would otherwise be unlawful conduct. @"7o}U~R}?? 982.310(b)(1) and 982.451(b)(iii). 3d 718 (4th Dist. Ct. Spec. 5.858 through 5.861eviction for drug and alcohol abuseapply to this part. If you prove an affirmative defense, you can win the lawsuit or reduce the amount of money the plaintiff can recover. In contrast, the Court in Turner concluded that providing tenants with an opportunity to cure their violation would not run afoul of legislative intent because a tenant who has been served with notice of the intent to evict has clear knowledge of the provision, and having been given the opportunity to remedy may be among the most likely of tenants to prevent the situation from recurring, thereby furthering the purposes of and objectives of the law. Not performing under the contract 2. (In the PBV program, good cause does not include a business or economic reason or desire to use the unit for an individual, family, or non-residential rental purpose.). WebAffirmative Defenses to Breach of Warranty. You could assert an affirmative failure to mitigate defense on the basis that the plaintiff made no reasonable attempt to mitigate their damages by finding an alternative buyer. . To support Webits affirmative defenses, the district court erred in granting summary judgment sua sponte. 24 C.F.R. 10. Other good cause (including criminal activity). Read on to learn more. WebA defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant was served; except that when If you want to see the appellate court bend over backwards to affirm the dismissal of KCRO defenses and claims, take a look at this Rule 23 Order: Transforming Hous., LLC v. Williams, 2018 IL App (1st) 180254-U (affirming decision to both deny pre-trial motions to dismiss eviction actions because of Plaintiffs violation of the KCRO, and decision to rule after trial for Plaintiff on counterclaims alleging violations of KCRO). Whether someone breaks part or all of the contract, the other parties have grounds to pursue legal action. Thus, there was a valid prior obligation, i.e., the Hudson lease, and the parties subsequently entered a new agreement by signing a new valid contract, i.e., the Cambridge lease, thereby satisfying the first, second, and fourth requirements of novation. Id. Part 247. The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. % 982.453. Enter all the required information, such as: b. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Examples of affirmative defenses include entrapment, necessity, and self-defense.