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See The Entire RLTO |
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ILLINOIS SUPREME COURT Landis v MARC Realty LLC (2009) VG Marina Mgmt. Corp. v. Wiener (2007) Lawrence v Regent Realty (2001)
ILLINOIS COURTS OF APPEAL Berven v. Marquette Bank & Trust (2009) Willis v. NAICO Real Estate (2008) VG Marina Mgmt. Corp. v. Wiener (2007, 2008) Turner v. 1212 S. Mich. P'ship (2005) Sternic v. Hunter Properties (2003) Namur v. The Habitat Company (1998) American National Bank v. Powell (1997) Plambeck v.Greystone Management (1996) Spiegel v. Hollywood Towers Cond. Assoc. (1996) Solomon v. American Nat'l Bank and Trust Co. (1993)
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American Nat'l Bank by Metroplex, Inc. v. Powell, 293 Ill. App. 3d 1033, 1044-5 (1st Dist. 1997).
Retaliatory Conduct is "Germane" and May Be Introduced as an affirmative defense by tenants to an eviction lawsuit by the landlord.
Also, this case tells us something important about when payments under the RLTO are "received." At least with respect to rent payments, they are not received until the landlord GETS them in the mail, not when the tenant puts them in the mail.
"the
tenant
withholds or deducts rent under the ordinance when the landlord
receives partial payment. Admittedly, while the tenant in a sense
deducts rent at the moment of writing a reduced rent check, this
action does not operate in a vacuum. Deducting rent is meaningless
unless and until the landlord becomes aware of it."
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