The legal dispute between Eric Frankel, the plaintiff, and Bedstone Company and John Penn, the defendants, was brought before the Appellate Court of Illinois in the First District. The case ID is 2018 M1 133801 and it was filed on March 13, 2024. The lawsuit centers around a landlord-tenant disagreement involving alleged violations of Chicago's Residential Landlord and Tenant Ordinance (RLTO).
Frankel rented an apartment from Bedstone Company and John Penn from 2015 to 2018. He began reporting issues with the property in 2017, including a collapsing ceiling and mold. In August 2018, after contacting city authorities for an inspection, Frankel received a five-day notice terminating his tenancy due to disputed rent arrears.
The total amount claimed by Frankel was $7712.50, plus attorney fees and costs. He alleged that the defendants failed to pay interest on his security deposit and did not maintain the apartment adequately, resulting in a ceiling collapse and mold growth. Furthermore, he accused them of retaliatory conduct after he reported these issues to city authorities.
Frankel seeks judgment for damages as well as attorney fees for the entirety of the litigation. He argues that two checks offered by the defendants' counsel during litigation do not constitute a valid tender and thus should not limit his entitlement to attorney fees beyond their issuance date. The court reversed its initial decision that limited attorney fees up until the offer of the first check and has remanded for a new determination of appropriate attorney fees and costs.