dissenting:
The question at issue is simply whether Keys was subject to eviction under the terms of her lease when her grandson and his friend committed a crime in the apartment, albeit without Keys’ knowledge. Keys entered into a lease agreement which stated, in relevant part: “Tenant, any member of tenant’s household, a guest, or another person under Tenant’s control shall not engage in or permit *** [a]ny criminal activity *** on or off the premises ***.” A breach of this portion of the lease is grounds for eviction.
As the majority notes, it is undisputed that a member of tenant’s household (Campbell) and a guest (MacDonald) engaged in criminal activity on the premises. These uncontested facts should be sufficient to show breach of the lease and support eviction. However, the majority grafts another requirement onto the lease, one that is clearly not present or intended in the language of the lease. The majority also requires that the lessee (Keys) have knowledge of the household member’s or the guest’s criminal activity in order for a breach of the lease to occur. I find no such requirement.
The majority infers the requirement that the tenant have knowledge of the criminal activity from the juxtaposition of the phrase “under Tenant’s control” after the phrase “or another person” in the lease. The majority finds in the phrase “or another person under Tenant’s control” proof that the parties to the lease intended that the tenant would only be subject to eviction if she had actual knowledge of the criminal activity of her household member or guests. I disagree. The language “under tenant’s control” has nothing to do with knowledge; it merely indicates persons who are on the premises by permission of the tenant.
The lease language clearly mandates that Keys, as the tenant, is responsible for the actions of: (1) herself; (2) members of her household; (3) guests; and (4) any other person under her control. Her responsibility is to insure that none of these enumerated people engage in “criminal activity, noncriminal activity, and/or anti-social activity or behavior, on or off the premises, which interferes or has the potential to interfere with the health, safety, and/or peaceful enjoyment of the premises by other residents.” In other words, the tenant vouches for the conduct of the individuals she allows on the premises. If her household members, her guests, or any other person under her control breached the peace, Keys could be evicted. Nothing in the plain language of the lease indicated that Keys or any other tenant vouched only for the conduct of which she or they had actual knowledge.
The majority’s interpretation makes no sense in view of the stated rationale for the lease provision, i.e., protecting the health, safety and/or peaceful enjoyment of the property by the other tenants. I see no unfairness in enforcing the lease provision as written. Indeed, I find the lack of enforcement of the lease unfair to the other tenants who have a right to expect that steps be taken to' evict tenants who permit people onto the premises who then interfere with the health, safety and peaceful enjoyment of the premises.
I would reverse the circuit court and remand for further proceedings.