Peoria Housing Auth. v. Sanders

This action under the Forcible Entry and Detainer Act (Ill. Rev. Stat. 1969, ch. 57, par. 1 et seq.) was brought by the plaintiff, Peoria Housing Authority, to recover possession of an apartment which it had leased to the defendant, Norma Sanders. The statutory five-day notice, dated June 8, 1970, recited that there was due from the defendant to the plaintiff the sum of $50, made up of $47, the unpaid balance of the June rent, and a $3 penalty for late payment. The notice stated that unless payment was made within five days the defendant's lease would be terminated. The defendant's answer denied that the plaintiff was entitled to possession and also denied that she was in default of any contractual agreement. As an affirmative defense the answer alleged that the defendant's income had been reduced; that the authorized agent of the plaintiff had offered to relieve her of the penalty for late payment of rent if she paid part of the rent before the sixth day of each month and the balance before the end of the month; that she had paid $30 on account of the June rent on June 4, and tendered the balance, $47, on June 15, but the tender was refused with a statement that Plaintiff would not accept anything less than $50.00 representing the $3.00 additional late charge. The answer prayed that the complaint be dismissed; that plaintiff be estopped from denying the modification of the rental agreement; that a specified provision of the plaintiff's statement of rental policy be declared unconstitutional and violative of the governing statute and that the court recompute the rent charged to the defendant and grant damages to the defendant for any overcharge.