Illinois Compiled Statutes
735 ILCS 5/9-213.1 (2026)
Duty of landlord to mitigate damages
✓ current as of May 2026
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(735 ILCS 5/9-213.1)
(from Ch. 110, par. 9-213.1)
Sec. 9-213.1.
Duty of landlord to mitigate damages.
After January
1, 1984, a
landlord or his or her agent shall take reasonable measures to mitigate the damages
recoverable against a defaulting lessee.
(Source: P.A. 84-1043.)
Notes of Decisions
Cited in 21
cases (8 in the last 5 years), 1997–2026 · leading case: The Takiff Props. Grp. Ltd. 2 v. GTI Life, Inc., 2018 IL App (1st) 171477 (Ill. App. Ct. 2018).
The Takiff Props. Grp. Ltd. 2 v. GTI Life, Inc., 2018 IL App (1st) 171477 (Ill. App. Ct. 2018). “1 of the Code of Civil Procedure ( 735 ILCS 5/9-213.1 (West 2014) ). On appeal, tenant asserts that the trial court should have entered *13 *244 judgment in its favor because parties cannot contractually negate section 9-213.”
100 Roberts Road Bus. Condo. Ass'n v. Khalaf, 2013 IL App (1st) 120461 (Ill. App. Ct. 2013). “1 (735 ILCS 5/9-213.1 (West 2008)), it should be required in this case, the duty of mitigation found in the landlord-tenant statute has never been extended to cases dealing with condominium associations and unit owners.”
Genesco, Inc. v. 33 North Lasalle Partners, L.P., 889 N.E.2d 769 (Ill. App. Ct. 2008). “See 735 ILCS 5/9-213.1 (West 2006). In that situation, *777 plaintiff's potential loss could not exceed the balance of the agreed rent for the lease, namely, approximately $800,000.”
Mfrs. Life Ins. Co. (U.S.A.) v. Mascon Info. Tech. Ltd., 270 F. Supp. 2d 1009 (N.D. Ill. 2003). “Damages Although Manulife appears to have satisfactorily performed all of its obligations as required by the lease, it is not clear whether Manulife satisfactorily performed all of its obligations as required by Illinois law.”
2236 North Clark, Inc. v. Hair Fairies, Inc., 2022 IL App (1st) 211597-U (Ill. App. Ct. 2022). “735 ILCS 5/9-213.1 (West 2020); St. George Chicago, Inc.”
100 Roberts Road Bus. Condo. Ass'n v. Khalaf, 2013 IL App (1st) 120461 (Ill. App. Ct. 2013). “See 735 ILCS 5/9-213.1 (West 2008) ("a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee"); St.”
St. Louis North Jt. Venture v. P & L Enter., Inc., 116 F.3d 262 (7th Cir. 1997). “2d 639, 640 (1994) (interpreting 735 ILCS 5/9-213.1). The defendants were instructed to respond to St.”
St. Louis North Jt. Venture v. P & L Enter., Inc., 116 F.3d 262 (7th Cir. 1997). “The court informed the parties that a hearing would be granted only if it appeared that material issues of fact precluded resolution of the damages claim on the pleadings.”
Andrews v. Qiu, 2022 IL App (1st) 200544-U (Ill. App. Ct. 2022). “1 of the Code of Civil Procedure (735 ILCS 5/9-213.1 (West 2010)), which governs forcible entry and detainer proceedings, provides that “a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee.”
Jaime v. Jaime, 2023 IL App (3d) 190185-U (Ill. App. Ct. 2023). “unauthorized subleases where, among other things, no subtenant had paid rent for the entire term of their lease, two of the leases’ terms overlapped because the earlier sub- tenant vacated the space before the expiration of his lease, and it appears defendant was in possession…”
The Takiff Props. Grp. Ltd. 2 v. GTI Life, Inc., 2018 IL App (1st) 171477 (Ill. App. Ct. 2018). “1: Duty or Defense ¶ 11 “After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee.”
Seyl v. Gross, 2020 IL App (2d) 190371-U (Ill. App. Ct. 2020). “” 735 ILCS 5/9-213.1 (West 2018). ¶ 39 The purpose of section 9-213.”
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