Pepper v. Rowley

Citations

• 73 Ill. 262

Syllabus

<p>1. Recoupment—in suit on lease. In a suit to recover an installment of rent due on a lease, the defendant may recoup whatever damages he may have sustained in consequence of any breach of the covenants in the lease on the part of the plaintiff, if any.</p> <p>2. Landlord and tenant—when landlord may recover—eviction. Where alease, by its terms, was to continue until the termination of a certain suit in ejectment, and the lessee was dispossessed by a writ of restitution, issued in such suit before its final termination, it was held, that the lessor, in the absence of any fraud on his part in procuring the lessee to accept the lease, was entitled to recover all installments of rent which had matured before the lessee was evicted.</p> <p>3. But where rent is due in installments, if a tenant is evicted by a stranger, such eviction is a bar to the recovery of any rent that may have accrued since the last installment became due, but not to any installment that has matured before eviction.</p>