RLTO in Practice

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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)

Dobbins v. Duquid, 65 Ill. 464, 467-468 (1872)

If your apartment burns down in the Great Chicago Fire, and the landlord re-rents it to someone while you're homeless, you don't owe all the rent under the rest of your lease.  Thanks for the break 1872.

Mr. JUSTICE THORNTON delivered the opinion of the Court:

* * *

During the fearful calamity in Chicago in October, 1871, the house, and with it the lease, were destroyed by fire. During the confusion consequent upon the fire, and there being no visible possession of the lot of ground, other agents of Dobbins, who supposed the plaintiffs were tenants at will, leased the ground to Rice & Co., who took possession and commenced improvement upon it.

* * *

In any event, the plaintiffs are entitled to recover the difference between the rent to be paid and the actual rental value of the property.

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