18th Street Property, LLC v. A-1 Citywide Towing & Recovery, Inc., 2015 IL App (1st) 142444-U examines the res judicata and collateral estoppel doctrines in a commercial lease dispute. The plaintiff landlord obtained a possession order and judgment in late 2012 on a towing shop lease that expired March 31, 2013. About six months after the possession order, the lessor sued …
Tag Archives: acceleration
Brannen v. Siefert: A (Legal Malpractice) Case Study (Ill. First Dist.)
The Featured Case: Brannen v. Siefert, 2013 IL App (1st) 122067, ¶ 52 (11.19.13) The Facts: Plaintiffs – a land trustee and trust beneficiary – sued the Underlying Defendants, an attorney and his wife, for breach of a written real estate contract for the purchase of a home owned by the plaintiffs. The strangely worded contract, drafted by Underlying Defendants, called …
Continue reading “Brannen v. Siefert: A (Legal Malpractice) Case Study (Ill. First Dist.)”
The Ubiquitous “Excess Rent” Provision
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 …