lease contains clause (Illinois) · Go Syfert
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lease contains clause in Illinois

6 Illinois opinions name it 2 courts 1902–1992 0 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.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Illinois.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Mandelke v. International House of Pancakes, Inc. neutral
illappct · 1985
1 sentence

1992Mandelke v. International House of Pancakes, Inc. (1985), 131 Ill.

11992–1992
Greenlee v. First National Bank green
illappct · 1988
1 sentence

1992App. 3d 236 , 529 N.E.2d 723 .) Where a lease contains a clause making the lessee generally responsible for repairs, the expense of repairing subsequently discovered defects falls upon the lessee.

11992–1992
Koenigshofer v. Shumate green
illappct · 1966
1 sentence

1985(Koenigshofer v. Shumte (1966), 68 Ill.

11985–1985
Klein v. Ickovitz green
illappct · 1966
1 sentence

1968In a recent opinion — Klein v. Ickovitz, 72 Ill App2d 59, 219 NE2d 73 — the court also held that where the lease contains a clause to the effect that lessee’s duty to pay rent survives his eviction in a forcible detainer proceeding, the lessor may proceed under the lease.

11968–1968
Price v. York green
illappct · 1960
1 sentence

1966It is well established that where a lease contains a clause making the lessee generally responsible for repairs, the expense of repairing subsequently discovered deficiencies falls upon the lessee, unless the deficiency is so substantial and unforeseen as to be termed “structural.” See Kaufman v. Shoe Corp. of America, 24 Ill App2d 431, 436, 164 NE2d 617 .

11966–1966
Kew v. Trainor green
ill · 1894
1 sentence

1903Keio v. Trainor, supra. The lease contains a clause empowering the lessor, in case of default in any of the covenants of the lease, to declare the lease forfeited and re-enter and,take possession of the leased premises, but there is no force in the contention of the appellant that the lessor must either consent to and ratify the alleged assignment to Harris in violation of the covenants of the. lease, or exercise the power to declare a forfeiture.

11903–1903
Chadwick v. Parker neutral
ill · 1867
1 sentence

1902In Chadwick v. Parker, 44 Ill. 326 , the court holds that this section was obviously designed to dispense with the necessity of making the common law demand of rent on the very day it fell due, and to give a remedy where the lease contains no clause of re-entry.

11902–1902
Leary v. Pattison neutral
· 1872
1 sentence

1902It is clear to us that the change of the language used in section 2, above noticed, from “ default in payment of rent due, or any of the covenants of a lease,” to “ any of the terms of a lease,” as now used in section 9, the legislature intended to give this remedy for the failure of the tenant to perform any of the stipulations contained in the lease, and for such, a re-entry is given by the statute, whether contained in the lease or not, as was said in the case last cited, and repeated in Leary v. Pattison, 66 Ill. 203 .

11902–1902

Where else courts name it

NY 7 (1935–2008) IL 6 (1902–1992) MO 3 (1984–2021) PA 2 (1926–1932) LA 2 (1932–1991)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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