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Eviction Actions - I. [1.1] Introduction
- II. [1.2] Preliminary Considerations
- III. [1.3] Statutory Indications for Eviction Actions
- IV. [1.4] Activities Before Demands or Suit
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V. [1.5] Statutory Notices - [1.6] Forcible Entry on Realty
- [1.7] Peaceable Entry on Realty and Wrongful Withholding of Possession
- [1.8] Entry into Vacant or Unoccupied Lands
- [1.9] Holding Over
- [1.10] Holdover After End of a Term
- [1.11] Holdover After Notice To Quit
- [1.12] Periodic Tenancies
- [1.13] Nonpayment of Rent and Other Breaches of Lease
- [1.14] Commercial Context — Damages
- [1.15] Lease Termination vs. Possession Termination: Why It Matters
- [1.16] Are Tenant Improvement Costs Considered “Rent”?
- [1.17] Lessor’s Duty To Mitigate
- [1.18] General Notice Considerations
- [1.19] Methods of Serving Notice
- [1.20] Vendee Under Contract Remaining in Possession After Breach or Demand
- [1.21] Grantor Staying in Possession After Sale or Owner Staying in Possession After Court-Ordered Sale
- [1.22] Condominium Unit Owner’s Failure To Pay Assessments or Fines
- [1.23] Common Interest Communities
- [1.24] Summary of Notice Requirements
- VI. Suit
- VII. [1.33] Defenses
- [1.34] Notice Defenses
- [1.35] Habitability Defenses
- [1.36] Defense of Payment
- [1.37] Defense of Waiver of Breach of Lease
- [1.38] Defense of Retaliatory Eviction
- [1.39] Equitable Defenses
- [1.40] When the Tenant’s Landlord Is Foreclosed On
- [1.41] Other Defenses
- [1.42] Defenses in Office Lease Context
- [1.43] Independence of Condominium Owner’s Obligation To Pay Assessments from Association’s Duty To Maintain Common Elements
- [1.44] Chicago Residential Landlord and Tenant Ordinance Security Deposit Rules
- [1.45] RLTO — Post-Pandemic Caselaw
- [1.46] Prohibited Lease Provisions in Chicago
- VIII. [1.47] Counterclaims
- IX. Pretrial Activities
- X. [1.52] Trial
- XI. Judgment — Eviction Order
- XII. [1.59] Posttrial Motion Practice
- XIII. [1.60] What About Fee-Shifting in the Commercial Lease Context?
- XIV. [1.61] Appeal
- Adnan Kagalwalla
Adnan Kagalwalla
Adnan Kagalwalla is a Principal at Kagalwalla Law Offices LLC, in Oakbrook Terrace, where he concentrates his practice in commercial and real estate transactions. He received his B.A., with High Honors, from University of Illinois at Urbana-Champaign and his J.D. from Moritz College of Law at the Ohio State University.
- Paul B. Porvaznik
Paul B. Porvaznik
Paul B. Porvaznik is Head of Litigation at Bielski Chapman, Ltd., in Chicago, where he focuses on commercial litigation and trust and estate litigation. He is a member of the Chicago Bar Association’s Judicial Evaluation Committee (2018 – present), and he is a contributing author for the Chicago Daily Law Bulletin (2014 – present). Porvaznik received his B.S. in mass communications from Boston University in 1993 and his J.D. in 1996 from DePaul University College of Law.
Eviction Actions 2023 Edition
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