Illinois Bar Journal


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Articles on Landlord and Tenant

Lessors of dwelling units must disclose radon hazards to current and prospective tenants. PA 097-0021 January 2012 Illinois Law Update, Page 16 The Illinois Radon Awareness Act has been amended to require lessors of dwelling units to disclose any radon hazard to lessees. 420 ILCS 46/25 new.
The New Chicago Condominium Conversion Ordinance By Joseph Fortunato July 2011 Column, Page 366 It protects renters whose apartments are being converted and buyers of the new condos.
Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration By Shorge Sato March 2011 Article, Page 144 The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.
Must landlords seeking overdue rent comply with the FDCPA? By Helen W. Gunnarsson February 2010 LawPulse, Page 66 The third district held that landlords must comply with the Fair Debt Collection Practices Act when attempting to collect past-due rent from their renters.
Purchasers of mortgaged real estate must give detailed notice to tenants. PA 096-0111 December 2009 Illinois Law Update, Page 604 Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 
Absent a plainly discoverable clause the burden to replace a roof falls on a landlord May 2009 Illinois Law Update, Page 226 On February 27, 2009, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Adams County granting summary judgment in favor of the defendant, finding that the parties' lease agreement obligated the plaintiff, a commercial landlord, to replace the leased property's roof, and provided the defendant with the right to offset rent payments with the cost of replacing the roof. 
The slacker son who wouldn’t leave home By Helen W. Gunnarsson October 2008 LawPulse, Page 498  Your clients want to send their noncontributing adult son packing, but he says, "Nuh uh." Getting him out the door isn't as simple as you might think.
Proceedings against foreclosure tenants amended. PA 095-0262 January 2008 Illinois Law Update, Page 16 The Code of Civil Procedure has been amended to allow foreclosure tenants who are current on their rent to retain possession of their property for a designated period. 735 ILCS 5/15-1701. 
Court holds “any and all damages” language key to indemnification clause’s unambiguity May 2007 Illinois Law Update, Page 236 On March 8, 2007, the decision of the Circuit Court of Cook County was affirmed by the Illinois Appellate Court, First District. 
A higher bar for landlords in eviction cases By Helen W. Gunnarsson May 2006 LawPulse, Page 222 A new ruling from the first district makes it harder for landlords to use constructive service as a basis for evicting nonpaying tenants. 
Substantive Amendments to Contracts: Don’t Breathe New Life into Unwanted Provisions By Joan M. Kubalanza and Kevin J. Clancy March 2006 Article, Page 146 An amendment to a 1906 real estate lease produced a huge unexpected rent increase. Don't let it happen to you.
Illinois Security Deposit Interest Act to use commonsense definition of “lessor” February 2006 Illinois Law Update, Page 68 On November 29, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, which held that the defendant property management company.
Tenants assured repayment of expenses for repairs to rented property P.A. 093-0891 October 2004 Illinois Law Update, Page 514 The Residential Tenants' Right to Repair Act will become effective January 1, 2005.
When Can Landlords Refuse Tenant Requests to Sublease? By Brian K. Kozminski June 2004 Article, Page 315 A look at a landlord's obligation to be "reasonable" when a tenant wants to sublet.
Former tenant stated causes of action for interest on security deposit and breach of contract despite a provision in the residential lease that purported to waive the tenant’s right to interest. November 2003 Illinois Law Update, Page 550 On September 10, 2003, the Appellate Court of Illinois, Fifth District, reversed the order of the Circuit Court of Jackson County dismissing the plaintiff's interest on security deposit and breach of contract counts and remanded the cause for further proceedings.
Insurer must maintain “proof mailing” when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance policy April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.
Legislation permits service of process for eviction to be made upon unknown occupant P.A. 92-0823 November 2002 Illinois Law Update, Page 584 On August 21, 2002, Gov. George H. Ryan signed into law Senate Bill 1934, amending the Code of Civil Procedure in order to permit service of process for eviction to be made upon an unknown occupant of a premises.
Supreme Court Review 2001: Getting to Know the New Court By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan May 2002 Article, Page 236 A look at the first year's output of the newly reconstituted supreme court.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
The Lawyer’s Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
Nonassignability Clauses in Commercial Leases: When is an Assignment Not an Assignment? By John C. Murray December 1999 Article, Page 658 This article discusses a Rule 23 opinion holding that a nonassignability clause in a lease does not prohibit the tenant's collateral assignment of its interest as security for a loan.
Expedited Evictions from Private Rental Properties; P.A. 90-557 December 1998 Illinois Law Update, Page 662 Public Act 90-557 expands "emergency'' public housing eviction proceedings to ``privately owned and managed'' housing.