East Lake Management & Development Corp. v. Irvin

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

Plaintiff filed suit for possession of the apartment occupied by defendant under a written lease. Plaintiff alleged defendant’s breach of certain lease provisions. On defendant’s motion, the trial court entered summary judgment in favor of defendant, and plaintiff appealed.

Plaintiff on appeal argues the trial court committed error in granting summary judgment and in finding that plaintiff had waived defendant’s breach of the lease by its acceptance of housing subsidy payments from HUD subsequent to serving a termination notice on…