Z&S Corp. v. Fill & Fly, Inc., 2014 IL App (3d) 130253-U examines whether a commercial lessor, who serves a 30-day notice to terminate an oral month-to-month lease, waives the termination by accepting rents after the notice period expires. The case also addresses what factual elements a plaintiff must prove to prevail on a specific …
Tag Archives: lease termination
Commercial Lease Acceleration: Termination of Possession vs. Termination of 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 …
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Landlord’s Termination of Lease Precludes Future Damages
“A landlord left without an adequate remedy following breach of the lease by a tenant has only itself to blame for entering into a lease that fails to provide such a remedy.” 275 West Washington Street Corp. v. Hudson River Intern., LLC, 987 N.E.2d 194 (2013). The case: 275 Washington Street Corp. v. Hudson …
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