13 Illinois opinions name it 1 courts 1991–2023 1 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Yacoub v. Chicago Park Districtgreen2 sentences2014The landlord’s liability for the leased premises is extinguished because the lessee acquires an estate in the land and temporarily becomes both owner and occupier, subject to all of the responsibilities of one in possession to those who enter upon the land and those outside of its boundaries.” Id. ¶ 14 “Several exceptions to the rule permit a third party to recover damages from a landlord who does not control the premises on which the injury occurred: (1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous co 2014The landlord’s liability for the leased premises is extinguished because the lessee acquires an estate in the land and temporarily becomes both owner and occupier, subject to all of the responsibilities of one in possession to those who enter upon the land and those outside of its boundaries.” Id. ¶ 14 “Several exceptions to the rule permit a third party to recover damages from a landlord who does not control the premises on which the injury occurred: (1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous co | 4 | 4 |
McCoy Ex Rel. Jones v. Chicago Hous. Auth.green2 sentences2014App. 3d 958, 960 (1993)); and (6) the landlord voluntarily undertakes to render a service (McCoy v. Chicago Housing Authority, 333 Ill. 2014App. 3d 958, 960 (1993)); and (6) the landlord voluntarily undertakes to -5- 2014 IL App (2d) 130969 render a service (McCoy v. Chicago Housing Authority, 333 Ill. | 4 | 4 |
Klitzka Ex Rel. Teutonico v. Helliosgreen2 sentences2023App. 3d 594, 597 , 810 N.E.2d 252, 256 (2004). ¶ 25 Illinois law has determined exceptions to the general principle landlords are not liable for third-party damages: “(1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous condition; (3) the defect causing the harm amounts to a nuisance; (4) the landlord makes a promise at the time of the leasing to repair a condition; (5) the landlord violates a statutory requirement of which a tenant is in the class designated to be protected by such requirement [citation]; 2023App. 3d 594, 597 , 810 N.E.2d 252, 256 (2004). ¶ 25 Illinois law has determined exceptions to the general principle landlords are not liable for third-party damages: “(1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous condition; (3) the defect causing the harm amounts to a nuisance; (4) the landlord makes a promise at the time of the leasing to repair a condition; (5) the landlord violates a statutory requirement of which a tenant is in the class designated to be protected by such requirement [citation]; | 1 | 4 |
Bybee v. O'HAGENgreen2 sentences2013There are several exceptions to this rule, and a landlord may be liable where “ ‘(1) a latent defect existed at the time of the leasing which lessor should have known about; (2) [there is] a fraudulent concealment by a landlord of a dangerous condition; (3) the defect causing the harm amounts to a nuisance; (4) the landlord makes a promise to repair a condition at the time of leasing; *** (5) the landlord violates a statutory requirement of which tenant is in the class designed to be protected and the resulting harm is reasonably foreseeable’ ” (Bybee v. O’Hagen, 243 Ill. 2013App. 3d 49, 51 , 612 N.E.2d 99, 101 (1993) (quoting Moreno v. Balmoral Racing Club, Inc., 217 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moreno v. Balmoral Racing Club, Inc.
green
2 sentences2013App. 3d 49, 51 , 612 N.E.2d 99, 101 (1993) (quoting Moreno v. Balmoral Racing Club, Inc., 217 Ill. 1993We first address two general principles, the first being that: “Generally, a landlord is not liable for injuries sustained by a tenant as a result of a defective condition within the four corners of the demised premises. [Citation.] There are, however, five notable exceptions to this rule: (1) a latent defect existed at the time of the leasing which lessor should have known about; (2) a fraudulent concealment by a landlord of a dangerous condition; (3) the defect causing the harm amounts to a nuisance; (4) the landlord makes a promise to repair a condition at the time of leasing; and (5) the l | 3 | 1993–2013 |
Bier v. Leanna Lakeside Property Ass'n
green
2 sentences2014The landlord’s liability for the leased premises is extinguished because the lessee acquires an estate in the land and temporarily becomes both owner and occupier, subject to all of the responsibilities of one in possession to those who enter upon the land and those outside of its boundaries.” Id. ¶ 14 “Several exceptions to the rule permit a third party to recover damages from a landlord who does not control the premises on which the injury occurred: (1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous co 2014The landlord’s liability for the leased premises is extinguished because the lessee acquires an estate in the land and temporarily becomes both owner and occupier, subject to all of the responsibilities of one in possession to those who enter upon the land and those outside of its boundaries.” Id. ¶ 14 “Several exceptions to the rule permit a third party to recover damages from a landlord who does not control the premises on which the injury occurred: (1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous co | 2 | 2014–2014 |
Wright v. Mr. Quick, Inc.
green
2 sentences2007A landlord may be liable where: "(1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous condition; (3) the defect causing the harm amounts to a nuisance;" (4) the landlord has contracted by a covenant in the lease to keep the premises in repair ( Wright, 109 Ill.2d at 239 , 93 Ill.Dec. 375 , 486 N.E.2d 908 ); "(5) the landlord violates a statutory requirement of which a tenant is in the class designated to be protected by such requirement;" or (6) "the landlord voluntarily undertakes to render a service." Kl 2007A landlord may be liable where: "(1) a latent defect exists at the time of the leasing that the landlord should know about; (2) the landlord fraudulently conceals a dangerous condition; (3) the defect causing the harm amounts to a nuisance;" (4) the landlord has contracted by a covenant in the lease to keep the premises in repair ( Wright, 109 Ill.2d at 239 , 93 Ill.Dec. 375 , 486 N.E.2d 908 ); "(5) the landlord violates a statutory requirement of which a tenant is in the class designated to be protected by such requirement;" or (6) "the landlord voluntarily undertakes to render a service." Kl | 2 | 2007–2007 |
Lamkin v. Towner
green
2 sentences1993(Lamkin v. Towner (1990), 138 Ill. 2d 510 , 563 N.E.2d 449 .) Exceptions to this rule exist when: (1) a latent defect existed at the time of the leasing that the lessor should have known about; (2) there is a fraudulent concealment by a landlord of a dangerous condition; (3) the defect causing the harm amounts to a nuisance; (4) the landlord makes a promise to repair a condition at the time of leasing; and (5) the landlord violates a statutory requirement owed a tenant who is in the class designated to be protected by such requirement. 1993(Lamkin v. Towner (1990), 138 Ill. 2d 510 , 563 N.E.2d 449 .) Exceptions to this rule exist when: (1) a latent defect existed at the time of the leasing that the lessor should have known about; (2) there is a fraudulent concealment by a landlord of a dangerous condition; (3) the defect causing the harm amounts to a nuisance; (4) the landlord makes a promise to repair a condition at the time of leasing; and (5) the landlord violates a statutory requirement owed a tenant who is in the class designated to be protected by such requirement. | 2 | 1991–1993 |
Gilley v. Kiddel
green
1 sentence2020Gilley, 372 Ill. | 1 | 2020–2020 |
Sedlacek v. Belmonte Properties, LLC
green
1 sentence2014App. 3d 958, 960 (1993)); and (6) the landlord voluntarily undertakes to -5- 2014 IL App (2d) 130969 render a service (McCoy v. Chicago Housing Authority, 333 Ill. | 1 | 2014–2014 |
Gilbreath v. Greenwalt
green
1 sentence1991(Gilbreath v. Greenwalt (1980), 88 Ill. | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.