Section Newsletters

Articles on Landlord and Tenant

Case Summary: BKA Holdings v. Sam By Jenna Kearns Real Estate Law, April 2024 A summary and analysis of BKA Holdings v. Sam, a case involving a dispute between a landlord and tenant.
Landlord immunity … Not so fast! By Stephen I. Lane Tort Law, August 2015 While many landlords and many cases may very well come under the Landlord Immunity protections, many do not, and it is important for both counsel and courts to know the difference.
U.S. Supreme Court limits Georgia v. Randolph’s consent search exception By Tracy Douglas Women and the Law, July 2014 A discussion of Georgia v. Randolph and its ramifications.
Intent to exercise a commercial lease extension option—Notice is in the eye of the beholder By Michael Zink General Practice, Solo, and Small Firm, April 2013 A commercial lease often includes a provision requiring a tenant to provide written notification of its intent to extend the lease term. This language is frequently overlooked until the tenant’s later abandonment of the property after its business has collapsed.
Legislative update: From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, September 2011 Recently signed legislation that may have affect general practitioners.
Safety vs. sanctity—The balancing act of rental property inspections By Mark C. Palmer Local Government Law, February 2010 The Fourth and Fourteenth Amendments to the United States Constitution safeguard the right of individuals against unreasonable searches. Although many variations exist in both the criminal and civil contexts, the governing principle is simple: "a search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant."
Warning to lessors: You may be a debt collector under the FDCPA By Ryan R. Van Osdol Commercial Banking, Collections, and Bankruptcy, November 2009 Beware! Illinois landlords attempting to collect past-due rent have been defined as “debt collectors” by the Appellate Court of Illinois, Third District.
An examination of lease subordination issues in an economic downturn By David J. Alexander Real Estate Law, April 2009 If negotiating a lease as a tenant, tenant’s counsel or tenant’s broker, be certain that the basic language regarding subordination, non-disturbance and attornment is present and clearly stated so as to ensure that the tenant is adequately protected.
Order for possession improper as court sanction for tenants’ failure to tender ongoing use & occupancy By Michael Zink General Practice, Solo, and Small Firm, March 2009 A Circuit Court may not properly enter an Order for Possession as a sanction against a tenant who fails to tender use and occupancy payments pursuant to a court order. Such a sanction not only improperly relieves a landlord of its statutory burden but also exceeds the appropriate punitive degree warranted.    
Recent decision addresses landlord liability for lead-based paint hazard By T.J. Hunter Environmental and Natural Resources Law, December 2006 Earlier this year the Fourth District of the Appellate Court of Illinois allowed tenants to pursue a private cause of action against a landlord and its agent even though the defendants had no knowledge of the presence of lead paint.
New bankruptcy law changes for nonresidential landlords and tenants By Jack H. Tibbetts Real Estate Law, May 2006 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 became effective October 17, 2005.
The new statutory Residential Tenants’ Right to Repair Act By Jack H. Tibbetts Real Estate Law, June 2005 The ISBA Real Estate Law Section Council this year worked with legislative leaders and their staff to draft a new statute to create a limited right for residential tenants to deduct from rent the cost of repairs required by the lease or law.
Older tenants lose in Supreme Court—U.S. Supreme Court upholds no-fault evictions By Rhoda Davis Sweeney Elder Law, June 2002 In 1997 and 1998 The Oakland Housing Authority (OHA) initiated eviction proceedings in state court against the following tenants:

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