Publications

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

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.

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