HILARY KRAWCZYK and ELIZABETH KRAWCZYK, Plaintiffs-Appellants, v. TOM LIVADITIS, Defendant-Appellee (BERTON N. RING, P.C., Appellant; SOULA J. SPYROPOULOS, Appellee)., 366 Ill. App. 3d 375

Summary

Although judgment was entered in their favor, the tenants argued that the trial court improperly merged the damages from the contract claim with those for multiple violations of the RLTO, abused its discretion in reducing the attorney fees and costs awarded, and abused its discretion in failing to award sanctions under Ill. Sup. Ct. R. 137 against the landlord and appellee counsel. The court agreed in part. The award of the security deposit was listed separately in the judgment and was not "merged" with anything. Damages for the breach of contract claim should not have been merged with damages for the RTLO claims, but the error was only technical. Under Illinois case law, a single award of damages for multiple violations of portions of Chicago, Ill., Mun. Code § 5-12-080 was proper. However, the trial court erred in not awarding separate damages for the violations of Chicago, Ill., Mun. Code § 5-12-100. That error might have affected the amount of attorney fees and costs awarded. ...