Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
In Village of Palatine v. Palatine Associates, LLC, 2012 IL App (1st) 102707, an eminent domain (condemnation) suit, the defendant owned a shopping center and was a lessor on several commercial leases – all of which contained provisions that said in the event of condemnation proceedings, the tenant would share in any award. The plaintiff Village filed …
Continue reading “Commercial Tenant Can’t Share in Shopping Mall Condemnation Award”
The boilerplate “excess rent” or “rent differential” clause appears in many commercial leases. Usually buried in a voluminous lease, no one pays much attention to it until the tenant vacates and the landlord sues for damages. All of a sudden, the excess rent clause assumes critical importance as the landlord tries to prove up its damages. The rent differential/excess …
When a commercial tenant defaults under a multi-year lease, say by abandoning the premises with several years left on the lease, the law requires the landlord to mitigate its damages. So, if retail tenant skips out on a 10-year lease after year 2, the landlord cannot sit idly by for 8 years and then recover 8 …