RLTO in Practice

RLTO Interest Rates

Illinois Deposit Cases

ILLINOIS SUPREME COURT

Landis v MARC Realty LLC (2009)

VG Marina Mgmt. Corp. v. Wiener  (2007)

Lawrence v Regent Realty  (2001)

Dobbins v. Duquid  (1872)

ILLINOIS COURTS OF APPEAL

Berven v. Marquette Bank & Trust (2009)

Willis v. NAICO Real Estate (2008)

VG Marina Mgmt. Corp. v. Wiener  (2007, 2008)

Detrana v. Such  (2006)

Krawczyk v. Livaditis (2006)

Allen v. Lin  (2005)

Turner v. 1212 S. Mich. P'ship  (2005)

Starr v. Gay  (2004)

Sternic v. Hunter Properties (2003)

Pitts v. Holt (1999)

Namur v. The Habitat Company (1998)

American National Bank v. Powell  (1997)

Szpila v. Burke (1996)

Plambeck v.Greystone Management  (1996)

Friedman v. Krupp (1996)

Spiegel v. Hollywood Towers Cond. Assoc.  (1996)

Meyer v. Cohen (1993)

Solomon v. American Nat'l Bank and Trust Co.  (1993)

Reed v. Burns (1992)

Detrana v. Such, 368 Ill. App. 3d 861, 869-870 (1st Dist. 2006)

Neutral case for Tenants. Court of Appeals affirms that "owner occupied" means the owner lives in the building.  Tenant's argument that the owner who occupied the property isn't an owner because he didn't "control" the property doesn't fly.  Tenant's attorney is not sanctioned for advancing interpretation of RLTO § 020 where owner doesn't mean owner.

"Moreover, the fact that [the owner who occupied the building], pursuant to a power of attorney to defendants, allowed defendants to manage and receive income from the property does not conflict with the purpose of the RLTO, which allows for the owner-occupied exclusion from application of the RLTO. The fact that [the owner who occupied the building] did not claim the income from the property, and defendants did, has no relevance to the issue of whether [the owner who occupied the building] was an owner, since, like the term "control," which is not a term in the RLTO definition of "owner," there simply is no requirement in the definition that an owner exercise his right to receive all or part or any of the income from the property."

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