December 28, 2007
CIRCLE MANAGEMENT, LLC., ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 06M1722987
BEVERLY OLIVIER, ) The Honorable
) Sheldon C. Garber,
Defendant-Appellant. ) Judge Presiding.
JUSTICE GREIMAN delivered the opinion of the court:
Defendant Beverly Olivier appeals a trial court order granting possession of her apartment
to plaintiff Circle Management, LLC. (Circle Management) as a sanction for her failure to pay use
and occupancy charges during the pendency of Circle Management’s forcible entry and detainer
action brought under the Illinois Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-101 et seq.
(West 2004)). On appeal, Beverly asserts that the trial court lacked both the statutory and
inherent authority to grant Circle Management possession under the Act as a sanction for her
inability to make use and occupancy payments absent any consideration of the underlying merits
of Circle Management’s possession claim. We reverse.
On November 11, 2005, Beverly and her husband Collins Olivier executed a lease for
apartment 801 located at 5718 N. Winthrop in Chicago. The lease required the Oliviers to pay
$800 per month in rent on the first day of every month. On September 20, 2006, Circle