Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
(photocredit: google images; www.pixgood.com) Here’s an outline of the direct examination I’ve used in commercial lease eviction cases at trial representing a landlord. Assume a commercial tenant who has defaulted under a commercial lease and I’ve called the lessor’s property manager to testify concerning the lease, the 5-day notice, the tenant ledger, the lease guarantee and …
Continue reading “Landlord’s Property Manager Direct Examination (Commercial Lease)”
Form commercial lease language usually gives the landlord the option of terminating the lease OR terminating the tenant’s right to possession after a tenant default. Generally, if a landlord terminates the lease, this cuts off his damages at the date of termination. So, if landlord terminates the lease on January 1, 2013 and the lease …
Continue reading “Commercial Lease Acceleration: Termination of Possession vs. Termination of Lease”
In Kasinecz v. Duffy, 2013 IL App (2d) 121329-U, an August 2013 Second District case, a contractor suffered a three-pronged defeat in his lawsuit against a homeowner. The Court affirmed the lower court’s bench trial judgment for the homeowner on the contractor’s breach of contract, mechanics’ lien and quantum meruit claims. Facts: This is the second appeal involving the parties. In …