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List of Forms by Chapter - Chapter 1 — Retail Leases
- I. [1.1] Overview
- II. [1.2] Generally Used Terminology
- III. [1.3] Attached Form Lease
-
IV. [1.4] Before the Drafting Begins - V. Landlord and Tenant Construction and the Commencement Date
- VI. Use Provisions and Operating Covenants
- VII. Casualty and Liability Insurance
- VIII. Assignment and Subletting
- IX. [1.26] Percentage Rent
- X. [1.27] Miscellaneous Retail Provisions
- XI. [1.28] The Impact of COVID-19 on Retail Leases
- XII. [1.29] Sample Form of Retail Lease
- Chapter 2 — Industrial Warehouse-Type Leases
- I. [2.1] Scope of Transactions Discussed
- II. [2.2] General Economic and Risk Considerations
- III. Due-Diligence Considerations for Tenant’s Counsel
- [2.3] Preliminary Analysis; Working with the Broker
- [2.4] Assessing Tenant’s Needs
- [2.5] Environmental Due Diligence
- [2.6] Use, Density, Sign Ordinances, and Other Limitations
- [2.7] Capital Improvements and Fixtures
- [2.8] Avoiding Building System and Roof Disputes
- [2.9] Roof Penetrations as Part of Tenant’s Construction
- [2.10] Landlord’s Title and Existing Mortgages
- IV. Commencement Date; Delays in Possession
- V. Real Estate Taxes
- VI. Tenant Use Issues
- VII. [2.23] Expansion of the Building
- VIII. Assignment and Subletting
- IX. [2.28] Sample Industrial Warehouse Lease
- Chapter 3 — Offices Leases
- I. [3.1] Scope of Chapter
- II. [3.2] In General
- III. Letter of Intent
- [3.3] In General
- Parties Intend To Create Nothing More than a Nonbinding Term Sheet
- [3.4] Version Suitable for Both Landlord and Tenant
- [3.5] Comment
- Parties Intend To Create Duty To Continue Negotiations in Good Faith
- [3.6] Version Suitable for Both Landlord and Tenant — Sample Language
- [3.7] Comment
- [3.8] Parties Intend To Create a Binding Contract
- [3.9] Summary
- IV. Term
- V. Base Rent
- VI. Additional Rent — Taxes and Operating Expenses
- VII. Security Deposit
- VIII. Condition of the Premises upon Tenant’s Taking Possession
- IX. Delivery of Possession; Improvements To Be Made by Landlord to the Premises Prior to the Beginning of the Term
- X. Occupancy Prior to Beginning of the Lease Term
- XI. Services To Be Furnished by Landlord
- [3.33] In General
- Janitorial Services
- [3.34] Landlord’s Version — Sample Language
- [3.35] Tenant’s Version — Sample Language
- [3.36] Comment
- Heating, Ventilating, and Air-Conditioning
- [3.37] Landlord’s Version — Sample Language
- [3.38] Tenant’s Version — Sample Language
- [3.39] Comment
- Water
- [3.40] Landlord’s Version — Sample Language
- [3.41] Tenant’s Version — Sample Language
- [3.42] Comment
- Elevator Service
- [3.43] Landlord’s Version — Sample Language
- [3.44] Tenant’s Version — Sample Language
- [3.45] Comment
- Electricity
- Landlord’s Version
- [3.46] Alternative if Landlord Does Not Provide Electricity — Sample Language
- [3.47] Alternative if Landlord Provides Electricity — Sample Language
- Tenant’s Version
- [3.48] Alternative if Landlord Does Not Provide Electricity — Sample Language
- [3.49] Alternative if Landlord Provides Electricity — Sample Language
- [3.50] Comment
- Additional Services
- [3.51] Landlord’s Version — Sample Language
- [3.52] Tenant’s Version — Sample Language
- [3.53] Comment
- Failure of Covenanted Services
- [3.54] Landlord’s Version — Sample Language
- [3.55] Tenant’s Version — Sample Language
- [3.56] Comment
- XII. Rights Reserved to Landlord
- XIII. Repairs; Return of Premises
- XIV. Alterations by Tenant
- XV. Use of Premises by Tenant
- XVI. Untenantability; Landlord’s Insurance
- XVII. Condemnation
- XVIII. Rights and Remedies
- XIX. Holding Over
- XX. Landlord’s Title
- XXI. Tenant’s Quiet Enjoyment
- XXII. Assignment and Subletting
- XXIII. Waiver of Claims and of Subrogation
- XXIV. Subordination to Mortgages and Ground Leases
- XXV. Estoppel Certificate
- XXVI. Money Due but Unpaid
- XXVII. Notices, Demands, and Submissions
- XXVIII. Parking by Tenant
- XXIX. Covenants and Conditions
- XXX. Landlord’s Permission and Consent
- XXXI. Lease Modifications; Attachments; Insertions and Riders
- XXXII. Successors and Assigns
- XXXIII. Option To Extend Lease
- XXXIV. Additional Space
- XXXV. General Provisions
- XXXVI. Special Landlord’s Provisions — No Guaranty of Tenant’s Light and Air; Landlord’s Use of Space in Building; Limitation on Landlord’s Liability; Relocation of Tenants; Termination of Lease by Landlord Without Cause
- XXXVII. Special Tenant’s Provisions — Compliance with Governmental Regulations; Zoning and Other Ordinances; Liability
- XXXVIII. Special Leasing Agent’s Provision
- XXXIX. Special Environmental Provisions
- XL. Security
- XLI. [3.140] Conclusion
- Chapter 4 — Pre-Construction Leases
- I. [4.1] Scope of Chapter
- II. [4.2] Background
- III. [4.3] Landlord Contingencies
- IV. [4.4] Governmental Incentives
- V. [4.5] Building Plans
- VI. [4.6] Delay in Construction Schedule
- VII. [4.7] Landlord Credit Issues
- VIII. [4.8] Tenant Credit Issues
- IX. [4.9] Lenders
- X. [4.10] Tenant Improvements
- XI. [4.11] Measurement
- XII. [4.12] Insurance and Indemnity
- XIII. [4.13] Real Estate Taxes
- XIV. [4.14] Memoranda for Recording
- XV. Appendix — Forms
- Chapter 5 — Sale-Leaseback Transactions
- I. [5.1] Scope of Chapter
- II. Introduction
- III. Agreement of Purchase and Sale
- [5.8] Commitment
- [5.9] Contract
- [5.10] Basic Terms of Commitment and/or Contract
- Equitable Mortgages; Disguised Joint Ventures
- [5.11] Avoiding Finding of Equitable Mortgage
- [5.12] Avoiding Partner or Joint Venturer Relationship
- Forms
- [5.13] Provision in Contract to Which Copy of Lease Is Attached as Exhibit
- [5.14] Provision in Commitment or Contract in Which Form of Lease Has Not Yet Been Agreed On
- IV. Lease
- [5.15] In General
- Net Lease
- [5.16] Characteristics of Net Lease
- [5.17] Forms of Provisions To Establish Intention That Lease Will Be Net Lease
- [5.18] Term of Lease
- Rent
- [5.19] Factors in Determining Amount of Rent
- [5.20] Form of Provision for Additional Rental
- Insurance and Tenant’s Indemnification
- [5.21] Liability and Dramshop Insurance
- [5.22] Casualty Insurance
- [5.23] Relationship of Insurance Provisions to Lease Requirements of Mortgages and Subleases
- [5.24] Indemnification Provisions
- [5.25] Forms
- [5.26] Provision Regarding Casualty Insurance and Rent Loss Insurance
- [5.27] Provision for Payment of Casualty Insurance Proceeds to Tenant or Mortgagee
- [5.28] Provision for Payment of Casualty Insurance Proceeds to Insurance Trustee
- [5.29] Provision for Periodic Insurance Appraisal
- [5.30] Provision for Liability Coverage
- [5.31] General Insurance Provision
- [5.32] General Indemnity Provision
- Rebuilding and Termination
- [5.33] General Requirements
- Forms
- [5.34] Provision for Tenant To Restore in Case of Damage or Destruction
- [5.35] Provision Allowing Termination of Lease Following Destruction by Fire or Other Casualty
- Condemnation
- [5.36] In General
- General Description of Some Types of Condemnation Provisions in Use in Sale-Leaseback Transactions
- [5.37] Total Taking
- [5.38] Partial Taking
- [5.39] Non-Abatement of Rent
- Fixtures and Improvements
- [5.40] Fixtures
- Improvements
- [5.41] Vesting of Title to Improvements
- [5.42] Protection of Buyer-Landlord’s and Seller-Tenant’s Interests in the Improvements
- Forms
- [5.43] Provisions Relative to Fixtures
- [5.44] Provision for Use in Ground Lease When Tenant Reserves Estate for Years in Buildings Until Expiration of Lease
- [5.45] Form of Deed When Grantor Reserves Estate for Years in Buildings Until Expiration of Ground Lease
- Non-Disturbance, Subordination, and Mortgaging of Fee and Leasehold
- [5.46] Mortgaging of Fee
- [5.47] Leasehold Financing
- [5.48] Non-Disturbance Agreements with Occupancy Tenants
- Forms
- [5.49] Provision Permitting Leasehold Mortgage
- [5.50] Provision Giving Certain Rights to Leasehold Mortgagee
- [5.51] Covenant of Quiet Enjoyment
- Assignments and Subleases
- [5.52] Assignment of Lease by Tenant
- [5.53] Subletting of Portions of Property by Tenant
- Forms
- [5.54] Provision Concerning Assignment of Tenant’s Interest
- [5.55] Provision for Assignment to Landlord of Subleases Made by Tenant
- [5.56] Seller-Tenant’s Repurchase Options
- [5.57] Buyer-Landlord’s Purchase Options
- Estoppel Certificates
- [5.58] In General
- [5.59] Form of Provision for Delivery of Estoppel Certificate by Landlord and Tenant
- Maintenance, Repairs, and Alterations — Compliance with Laws
- [5.60] In General
- Forms
- [5.61] Provision Governing Tenant’s Obligation To Maintain Premises
- [5.62] Provision Giving Tenant Right To Make Alterations
- [5.63] Provision with Respect to Liens Created or Caused To Be Created by Tenant
- Tenant’s Payment of Taxes and Other Impositions
- [5.64] Customary Requirements
- Forms
- [5.65] Provision for Tenant’s Undertaking To Pay Taxes, Etc.
- [5.66] Provision for Landlord’s Right To Pay Delinquent Impositions
- [5.67] Provision for Tenant’s Right To Contest Impositions
- Remedies upon Default — Arbitration
- [5.68] In General
- Forms
- [5.69] Provision for Damages by Reason of Termination of Lease Resulting from Tenant’s Default
- [5.70] Provision Limiting Tenant’s Liability to Leasehold Estate and Buildings and Improvements When Tenant Is Not Land Trustee
- [5.71] Provision Limiting Landlord’s Liability to Period Before Assignment to Successor of Landlord’s Interest Under Lease
- V. The Risk of Recharacterization in Bankruptcy Proceedings
- VI. Environmental Considerations in Sale-Leaseback Transactions
- [5.80] In General
- Planning Considerations
- [5.81] Seller-Tenant’s Initial Knowledge and Liability — Planning Considerations for Seller-Tenant
- [5.82] Planning Considerations for Buyer-Landlord
- [5.83] Preparation of Documents
- [5.84] Contract or Commitment
- [5.85] Facts at the Outset — Seller’s Representations, Warranties, and Covenants
- [5.86] Purchaser’s Right To Investigate Environmental Facts — Due-Diligence Period
- [5.87] Environmental Provisions of Lease
- VII. [5.88] Appendix — Additional Sources
- Chapter 6 — Assignments and Subleases
- I. [6.1] Introduction
- II. Definitions
- III. [6.4] Business Considerations
- IV. [6.5] Statutory Matters
- V. Drafting Matters — More Business Considerations
- [6.6] Incorporation
- [6.7] Over-Incorporation
- [6.8] Over-Exclusion
- [6.9] Specific Problems
- [6.10] Alterations and Repairs
- [6.11] Landlord’s Services
- [6.12] Insurance, Indemnities, and Waivers
- [6.13] Fire, Casualty, and Condemnation
- [6.14] Last Day
- [6.15] Renewal and Expansion Rights
- [6.16] Additional Rent
- [6.17] Maintenance of the Lease
- [6.18] Recapture
- [6.19] Environmental Matters
- [6.20] Sharing of Profit
- [6.21] Landlord’s Consent
- [6.22] Mitigation — Reasonableness
- [6.23] Indirect Assignment or Sublease by Use of Partnership Interest or Corporate Stock
- [6.24] Practical Considerations of Obligation and Timing of Giving and Receiving of Notices
- VI. [6.25] Bankruptcy
- VII. Requisites
- VIII. Waiver and Estoppel
- IX. Construction and Operation of Assignments
- [6.30] In General
- [6.31] Privity of Estate
- [6.32] Privity of Contract
- Rights and Liabilities of Assignees
- [6.33] Extent of Assignees’ Rights
- Extent of Assignees’ Liabilities
- [6.34] In General
- [6.35] Liability of Assignee When There Is No Express Assumption of Lease
- [6.36] Liability of Assignee When There Is Express Assumption of Lease
- [6.37] Termination of Relationship and Liability
- Rights and Liabilities of Assignors
- [6.38] With Respect to Landlord
- [6.39] With Respect to Assignee
- X. Operation of a Sublease
- XI. [6.45] Case Study
- XII. Appendix — Forms
- [6.46] Agreements and Representations of Tenant with Reference to Status of Prime Lease
- [6.47] Right To Assign
- [6.48] Right To Assign or Sublease
- [6.49] Sharing of Excess Rental
- Consent To Sublease
- [6.50] Long Form
- [6.51] Short Form
- [6.52] Non-Disturbance Agreement Among Lessor, Lessee, and Sublessee
- [6.53] Agreement of Subordination, Non-Disturbance, and Attornment Among Lender, Lessor, and Tenant
- Agreement on Reasonable Acts in Mitigation
- [6.54] Form 1
- [6.55] Form 2
- [6.56] Sublease
- Chapter 7 — Landlord’s Duties and Liabilities
- I. [7.1] Scope of Chapter
- II. Essential Lease Requirements
- III. Payment of Real Estate or Leasehold Taxes
- IV. Repairs and Maintenance
- [7.13] General Rule
- [7.14] Exceptions
- [7.15] Covenants
- [7.16] Structural vs. Nonstructural Repairs
- [7.17] Tenant’s Options for Breached Covenant
- Tort Liability
- [7.18] General Rule
- Exceptions
- [7.19] Control and/or Possession Retained by Landlord
- [7.20] Latent and/or Concealed Defects; Negligent and/or Unaddressed Repairs
- [7.21] Code Violations
- [7.22] Common Areas
- [7.23] Commentary
- V. Landlord Exoneration
- VI. Tenant Protection Against Criminal Acts
- VII. [7.31] Property Damage
- VIII. [7.36] Security Deposits
- IX. Options
- X. Enforcement
- [7.45] Landlord’s Failure To Enforce
- [7.46] Waiver by Acceptance
- [7.47] Required Notice of Strict Compliance
- [7.48] Tenant’s Obligation To Pay Rent
- [7.49] Nonwaiver Provisions
- [7.50] Assignment and Subletting
- [7.51] Assignment Prohibition
- [7.52] Failure To Object
- Withholding Consent
- [7.53] Unreasonable
- [7.54] In Exchange for Concessions
- [7.55] Tenant’s Bankruptcy
- [7.56] Tenant’s Assignment or Subletting
- [7.57] Landlord’s Assignment
- [7.58] Landlord’s Breach
- XI. [7.59] Mitigation of Damages
- XII. [7.64] Commercial Real Estate Broker Lien Act
- Chapter 8 — Tenant Defaults and Landlord Remedies
- I. [8.1] Introduction
- II. Default by Tenant During the Lease Term
- [8.2] Determination of Default
- [8.3] The Covenants and Conditions of the Lease
- [8.4] Rent Clause
- [8.5] Base rent
- [8.6] Percentage rent
- [8.7] Additional rent
- [8.8] Use Clauses and Covenants To Operate
- [8.9] Assignment Provision
- [8.10] The Event of Default Provision
- [8.11] The Remedies Provision
- Remedies for Default
- [8.12] Self-Help Prohibited
- [8.13] Abandonment by the Tenant
- Eviction Action
- [8.14] Nature of Action
- [8.15] Preparation of the Notice of Default
- [8.16] Service of the Notice of Default
- [8.17] Preparation, Filing, and Service of the Complaint
- [8.18] Trial Considerations
- [8.19] The Judgment of Possession and Eviction
- Joinder of Action for Recovery of Rent
- [8.20] Nature of rent action
- [8.21] Payment of use and occupancy pending trial
- [8.22] Proof of lost rent and landlord’s duty to mitigate
- [8.23] Duty to mitigate
- [8.24] Recovery of future rent
- [8.25] Collection of Attorneys’ Fees
- Tenant Defenses
- [8.26] Defenses to Possession and Germaneness
- [8.27] Defenses to Rent
- Miscellaneous Remedies
- [8.28] Distraint
- [8.29] Ejectment
- III. [8.30] Holdover by Tenant After Lease Term
- Chapter 9 — Tenant’s Duties, Rights, and Remedies
- I. [9.1] Scope of Chapter
- II. [9.2] General Lease Principles and Rules of Construction
- III. [9.3] Leasehold Easements
- IV. Covenant of Quiet Enjoyment
- V. [9.15] Constructive Eviction
- VI. [9.16] Criminal Activities
- VII. [9.17] Repairs
- Common Issues Involving the Duty To Repair
- [9.18] Roof Replacement
- [9.19] Plaster Walls and Ceiling
- [9.20] Heating Systems
- [9.21] Landlord’s Control and Obligation To Maintain
- [9.22] Independence of Tenant’s Obligation To Pay Rent and Landlord’s Duty To Repair
- [9.23] Breach of Landlord’s Covenant To Make Repairs
- VIII. [9.24] Restrictive Covenants Impeding the Stream of Commerce
- IX. [9.25] Premises Liability
- X. [9.26] Assignment of Lease; Unreasonably Withholding Consent
- XI. [9.27] Holding Over; Double Rent as Penalty
- XII. [9.28] Mitigation of Damages
- XIII. [9.29] Attorneys’ Fees
- XIV. Eviction Statute
- XV. Options To Extend or Cancel Lease
- [9.35] Exercising Options To Extend Lease — Strict Compliance Required
- [9.36] Required Notice
- [9.37] Imprecise Exercise
- [9.38] Claim That Landlord Received Actual Notice
- [9.39] Trial Court Ruled in Tenant’s Favor
- [9.40] Appellate Court Reversed
- [9.41] Appellate Court’s Reasoning
- [9.42] Not All Mistakes Are Fatal
- XVI. [9.43] Rent Due to Prior Landlord — Not Recoverable by New Landlord
- XVII. [9.44] Receiver’s Ability To Increase Rent Specified Under a Lease
- XVIII. [9.45] Lease Guaranty Must Be Supported by Consideration
- XIX. COVID-19 Era Defense
- Chapter 10 — Leaseholds and Mortgages
- I. Scope of Chapter
- II. Concerns of the Mortgagee
- III. [10.9] Exercise of Remedies by the Mortgagee (and the Anticipation of Such Remedies)
- [10.10] Priority in Illinois
- [10.11] Foreclosure in Illinois
- Subordination of the Lease
- [10.12] Automatic Subordination Clause in the Lease
- [10.13] Separate Agreement To Subordinate
- [10.14] Non-Disturbance
- [10.15] Attornment
- [10.16] Additional Agreements
- [10.17] Notice and Cure Rights
- [10.18] Exculpation from Prior Landlord’s Actions
- [10.19] Construction and Allowances
- [10.20] Prepaid Rent and Security Deposits
- [10.21] Representations, Warranties, and Indemnities
- [10.22] Nonrecourse
- [10.23] Direct Agreements with the Tenant
- [10.24] Deed in Lieu of Foreclosure
- [10.25] Assignment of Leases and Rents
- IV. Appendix — Sample Forms
- Chapter 11 — Reorganization and Liquidation in Landlord-Tenant Relationships
- I. [11.1] Scope of Chapter
- II. Introduction to the Bankruptcy Process
- III. Unexpired Leases for Nonresidential Property
- IV. Rejection of Lease
- V. Damages upon Rejection
- VI. Assumption of Lease
- VII. Landlord’s Sources of Revenue During Bankruptcy Proceeding
- VIII. Proofs of Claim
- IX. [11.21] Bankruptcy Strategy
- X. [11.22] Conclusion
- Chapter 12 — Effect of Eminent Domain on the Landlord-Tenant Relationship
- I. [12.1] Introduction
- II. Parties
- III. Condemnation Proceeding
- [12.10] Complete Taking
- [12.11] Partial Taking
- [12.12] Valuation of Leasehold — Two Methods
- [12.13] Apportionment as Part of the Jury Trial
- [12.14] Posttrial Apportionment Hearing
- Evidence — Valuation of Leasehold
- [12.15] Burden of Proof
- [12.16] Options and Verbal Leases
- [12.17] Permanent Improvements
- [12.18] Unit Rule for Improvements
- [12.19] Bonus Value
- [12.20] Valuation Witnesses
- [12.21] Valuation Testimony in Separate Apportionment Proceeding
- [12.22] Comparable Leasehold Valuation
- [12.23] Consequential Losses
- [12.24] Mortgagee’s Interest
- IV. [12.25] Eminent Domain Act and Its Effect on Landlords and Tenants
- V. [12.26] Conclusion
- VI. Appendix — Sample Forms
- Automatic Termination Clauses
- [12.27] Condemnation Clause
- [12.28] Compensation Clause
- Condemnation Clauses
- [12.29] Total Condemnation Clause
- [12.30] Partial Condemnation Clause
- [12.31] Office Building Clause
- [12.32] Shopping Center Clause
- [12.33] 60-Day Letter
- [12.34] Tenant’s Waiver of Lease
- [12.35] Cross-Complaint
- [12.36] Motion for Separate Verdict
- [12.37] Motion for Apportionment of Condemnation Award
- Chapter 13 — Mechanics Liens on Leased Property
- I. [13.1] Scope of Chapter
- II. Basis of a Mechanics Lien Claim
- III. Factors To Determine the Validity of a Mechanics Lien Claim on Leased Property
- [13.4] Factual Considerations — Authorized or Knowingly Permitted
- [13.5] Work Performed by Tenant Without Knowledge of Owner or Authorization by Terms of Lease
- [13.6] Work Performed with Knowledge of Owner, Who Permits It To Be Done
- [13.7] Work Authorized by Owner Under Terms of Lease
- [13.8] Work Authorized Under Terms of Lease and Performed by Tenant with Knowledge of Owner
- [13.9] Work Performed with Knowledge of Agent of Owner
- [13.10] Factual Considerations — Safeguards in Lease
- [13.11] Lease Containing Safeguards: Conditions Not Waived by Lessor
- [13.12] Lease Containing Safeguards: Conditions Held Waived by Lessor
- [13.13] Lease Containing Safeguards: Provision That No Mechanics Liens Shall Attach
- Factual Considerations — Type of Work Performed
- [13.14] Repairs Distinguished from Alterations
- [13.15] Trade Fixtures and Improvements of Temporary Kind and Removable by Tenant
- [13.16] Notice by Lessor to Contractor To Furnish Waivers of Liens
- [13.17] Forfeiture or Surrender of Lessee’s Interest
- [13.18] Quasi-Contract or Equitable Relief
- IV. [13.19] Processing of the Claim
- V. [13.20] Conclusion
- Chapter 14 — Environmental Issues in the Landlord-Tenant Relationship
- I. [14.1] Introduction
- II. [14.2] Addressing Environmental Aspects of Lease
- [14.3] Recognition of Risk
- [14.4] Comprehensive Environmental Response, Compensation, and Liability Act of 1990 and Its Illinois Analog
- [14.5] Resource Conservation and Recovery Act of 1976 and Its Illinois Analog
- [14.6] Clean Air Act and Asbestos National Emission Standards for Hazardous Air Pollutants
- [14.7] Clean Water Act and Other Federal Environmental Laws
- [14.8] Illinois Environmental Protection Act
- [14.9] Metropolitan Water Reclamation District Act, Etc.
- [14.10] Trespass and Nuisance
- [14.11] Assessment of Risk
- [14.12] Environmental Site Assessments
- [14.13] Evaluation of Prospective Tenant Operations
- [14.14] Allocation of Risk
- [14.15] Warranties and Representations
- [14.16] Indemnifications
- [14.17] Financial Assurance
- [14.18] Illinois Underground Storage Tank Fund
- [14.19] Drycleaner Environmental Response Trust Fund
- [14.20] Remedial action account
- [14.21] Insurance account
- [14.22] Environmental Insurance
- [14.23] Older commercial general liability policies
- [14.24] Pollution legal liability policies
- [14.25] Other Mechanisms
- III. Some Recurring Issues That Require Special Attention
- IV. [14.30] Remedies
- Statutory Remedies
- [14.31] Cost Recovery Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1990
- [14.32] Citizen Suit Under the Resource Conservation and Recovery Act of 1976
- [14.33] Citizen Enforcement Action Before Illinois Pollution Control Board
- [14.34] Contractual Remedies
- V. [14.35] Sample Lease Provisions
- James C. Brescoll
James C. Brescoll
James C. Brescoll is a Partner with Bryan Cave Leighton Paisner LLP, in Chicago, where he focuses his practice on representing commercial real estate and commercial real estate finance. He also has extensive experience drafting and negotiating retail, office, and industrial leases for both landlords and tenants, with a specific focus on retail leasing involving shopping-center owners and tenants. Brescoll is a member of the Chicago and Illinois State Bar Associations and the Urban Land Institute. He earned his B.A. from Columbia University and his J.D. from DePaul University.
- Erin Lynch Cordier
Erin Lynch Cordier
No bio available.
- William J. Dorsey
William J. Dorsey
William J. Dorsey is a Partner at Blank Rome LLP in Chicago, where he focuses his practice on high-stakes commercial finance, real estate, mergers and acquisitions, and executive compensation and non-compete disputes. He has been recognized by Super Lawyers (2012 – 2022) and as a Notable Gen X Leader in Accounting, Consulting, and Law by Crain’s Chicago Business (2022). Mr. Dorsey received his B.A. from Claremont McKenna College and his J.D. from the University of Michigan Law School.
- Lawrence C. Eppley
Lawrence C. Eppley
Lawrence C. Eppley is a Partner of Sheppard, Mullin, Richter & Hampton LLP, in Chicago, where he concentrates his practice in hospitality. Eppley is a Law 360, Hospitality Editorial Advisory Board Member (2016 – 2023) and Chair of the Board of Directors of Chicagoland Entrepreneurial Center/1871, a nonprofit that operates an incubator that provides programming and services for entrepreneurs and start-ups. Eppley earned his B.S. from the University of Illinois, his M.A.S. from the University of Illinois, and his J.D. magna cum laude from the University of Illinois College of Law.
- R. Kymn Harp
R. Kymn Harp
R. Kymn Harp is a Shareholder and member of the Executive Committee at Robbins DiMonte Ltd., in Chicago, and has years of service as Chair of the firm’s Business and Real Estate Transactions Group. Harp has over 40 years of experience representing investors, developers, business owners, and other stakeholders in all aspects of commercial real estate transactions and development. He is a frequent presenter at IICLE® programs and ISBA programs on topics related to commercial real estate, and he is the author and moderator for www.Harp-OnThis.com, a commercial real estate and business blog. Harp has received awards and recognitions including the Martindale-Hubbell Peer Review (Rated AV – Preeminent, for Ethical Standards and Legal Ability), a multiyear selection as an Illinois Super Lawyer, and the Illinois Lincoln Award for Excellence in Legal Writing. He is a member of the Illinois, Indiana, and New Mexico State Bar Associations, and is an appointed member of the Illinois State Bar Association Real Estate Law Section Council. Harp earned his B.A. from Wabash College and his J.D. from University of Illinois – Chicago (John Marshall Law School).
- Thomas C. Homburger
Thomas C. Homburger
Thomas C. Homburger has written for this handbook for more than 35 years and has written for numerous journals, including the ABA Real Property, Probate, and Trust Journal and The John Marshall Law Review. He has lectured for organizations including the Institute of Real Estate Management, the International Real Estate Institute, and the American Land Title Association and is an adjunct professor at The John Marshall Law School. He earned his B.A. from Columbia University and his J.D. cum laude from Columbia University School of Law.
- Jennifer L. Johnson
Jennifer L. Johnson
Jennifer L. Johnson is a Partner with Zanck, Coen, Wright & Saladin, P.C., in Crystal Lake, where she focuses on real estate, general civil litigation, and construction/mechanics liens. Johnson is Past President of the McHenry County Bar Association and Recipient of the Prairie State Legal Services Pro Bono Award in 2018. She received her B.A. from Marshall University and her J.D. cum laude from Thomas M. Cooley Law School (now known as Western Michigan Law School).
- Karl L. Marschel
Karl L. Marschel
Karl L. Marschel is a Partner at Bryan Cave Leighton Paisner LLP, in Chicago, where he concentrates his practice in commercial real estate, brownfield redevelopment, and public finance. Marschel earned his B.A. from the University of Missouri-Columbia and his J.D. from Washington University School of Law, where he was the Associate Managing Editor of the Journal of Law & Policy.
- Susan I. Matejcak
Susan I. Matejcak
Susan I. Matejcak is a Partner at Quarles & Brady LLP, in Chicago, and focuses on real estate. Matejcak is a Fellow of the American College of Real Estate Lawyers and Past President of the Chicago chapter of Commercial Real Estate Women (CREW). She was a Bisnow Power Women Chicago Honoree in 2022. She received her B.A. magna cum laude from Northern Illinois University, where she was a member of the Sigma Tau Delta honor society. She received her J.D. from Loyola University of Chicago School of Law, where she was Editor of the Law Journal.
- Joseph R. Podlewski, Jr.
Joseph R. Podlewski, Jr.
Joseph R. Podlewski, Jr., is in private practice with Podlewski & Hanson P.C., in Western Springs. Podlewski represents clients on a wide variety of environmental matters (including contested matters in state and federal court) and has appeared before numerous environmental agencies. He also provides advice and counsel to clients on environmental issues arising in commercial real estate transactions. He is a member of the Chicago and Illinois State Bar Associations. He is Past Chair of both ISBA’s Environmental Law Section Council and the CBA’s Environmental Law Committee and was appointed to the Governor’s Small Business Environmental Task Force in 1994. He was selected as both an Illinois Super Lawyer and Leading Lawyer and was featured in 2013 in Chicago’s Legal Leaders as among the “Top Rated Lawyers in Chicago” in the practice areas of environmental law and land use. He earned his B.A. from Northern Illinois University and his J.D. with honors from IIT/Chicago-Kent College of Law, where he was a Lead Articles Editor of the Chicago-Kent Law Review.
- John M. Rafkin
John M. Rafkin
John M. Rafkin is a Partner with Jones Day in Chicago, where he concentrates his practice in real estate finance. Rafkin represents individual lenders, bank groups, agents, and borrowers in single-and multi-asset financings of commercial real estate. He is experienced with all types of real estate, including office, retail, student and senior housing, multi-family and industrial, and has particularly deep experience with hospitality financing. His practice often focuses on the workout of troubled loans, including complex, multi-tiered loan restructurings, deeds-in-lieu, debt for equity swaps, bankruptcy, deficiency notes, and other settlement structures. He has been included in the U.S. edition of THE LEGAL 500 since 2010. He received his A.B. cum laude from Harvard University and his J.D. cum laude and Order of the Coif from Northwestern Pritzker School of Law.
- David P. Resnick
David P. Resnick
David P. Resnick is a Shareholder at Robbins DiMonte, Ltd., in Chicago, and has over 22 years of experience overseeing commercial real estate transactions. He provides legal counsel in all facets of commercial real estate business, including the acquisition, sale, financing, operation, and development of hotel, industrial, office, multifamily, retail, and mixed-use properties as well as the formation of real estate ventures and related strategic matters. Resnick maintains a robust commercial leasing practice in which he counsels owners, tenants, retailers, and hospitality firms in leasing matters across all sectors. Resnick received his B.A. from the University of Michigan and his J.D. from Northwestern University Pritzker School of Law.
- Michael J. Roth Jr.
Michael J. Roth Jr.
Michael J. Roth Jr. is a Partner at Sheppard, Mullin, Richter & Hampton LLP, in Chicago, where he is in the firm’s Real Estate, Energy, Land Use & Environmental Practice Group and concentrates his practice in real estate. Roth earned his B.A. from Truman State University and his J.D. from Washington University School of Law.
- Joseph B. VanFleet
Joseph B. VanFleet
Joseph B. VanFleet is a Managing Partner at Howard & Howard Attorneys PLLC in Peoria, where he concentrates his practice in business litigation. He is a member of the American and Illinois State Bar Associations and the American Inns of Court. Mr. VanFleet received his B.S. with high honors from the University of Illinois and his J.D. from the University of Illinois College of Law.
- Brian P. Welch
Brian P. Welch
Brian P. Welch is an associate at Partner at Burke, Warren, MacKay & Serritella, P.C., in Chicago, where he focuses on insolvency, bankruptcy, and restructuring. He was named a Rising Star in Bankruptcy by Super Lawyers in 2016 – 2025, one of 40 Under 40 Attorneys to Watch by Law Bulletin Media in 2025, and an Illinois Emerging Lawyer in Bankruptcy & Workout Law. Mr. Welch received his BS from the University of Illinois Urbana-Champaign and his JD cum laude from the University of Illinois Chicago School of Law.
Commercial Landlord-Tenant Practice 2023 Edition
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