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List of Forms by Chapter
Chapter 1 — Retail Leases
IV. [1.4] Before the Drafting Begins
V. Landlord and Tenant Construction and the Commencement Date
VI. The Use Provisions and Operating Covenants
VII. Casualty and Liability Insurance
VIII. Assignment and Subletting
Chapter 2 — Industrial Warehouse-Type Leases
III. Due-Diligence Considerations for Tenant’s Counsel
IV. Commencement Date; Delays in Possession
V. Real Estate Taxes
VI. Anticipate Tenant Use Issues
VIII. Assignment and Subletting
Chapter 3 — Office Leases
III. Letter of Intent
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
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
Chapter 4 — Pre-Construction Leases
XV. Appendix — Forms
Chapter 5 — Sale-Leaseback Transactions
II. Introduction
III. Agreement of Purchase and Sale
IV. The Lease
V. The Risk of Recharacterization in Bankruptcy Proceedings
VI. Environmental Considerations in Sale-Leaseback Transactions
Chapter 6 — Assignments and Subleases
II. Definitions
V. Drafting Matters — More Business Considerations
VII. Requisites
VIII. Waiver and Estoppel
IX. Construction and Operation of Assignments
X. Operation of a Sublease
XII. Appendix — Forms
Chapter 7 — Landlord’s Duties and Liabilities
II. Essential Lease Requirements
III. Payment of Real Estate or Leasehold Taxes
IV. Repairs and Maintenance
V. Landlord Exoneration
VI. Tenant Protection Against Criminal Acts
VII. [7.31] Property Damage
VIII. [7.36] Security Deposits
IX. Options
X. Enforcement
XI. [7.59] Mitigation of Damages
XII. [7.64] Commercial Real Estate Broker Lien Act
Chapter 8 — Tenant Defaults and Landlord Remedies
II. Default by Tenant During the Lease Term
III. [8.30] Holdover by Tenant After Lease Term
Chapter 9 — Tenant’s Duties, Rights, and Remedies
III. [9.3] Leasehold Easements
IV. Covenant of Quiet Enjoyment
VII. [9.17] Repairs
XIV. Forcible Entry and Detainer
Chapter 10 — Leaseholds and Mortgagees
I. Scope of Chapter
II. Concerns of the Mortgagee
III. [10.9] Exercise of Remedies by the Mortgagee (and the Anticipation of Such Remedies)
IV. Appendix — Sample Forms
Chapter 11 — Reorganization and Liquidation in Landlord-Tenant Relationships
II. Introduction to Bankruptcy
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
XI. Appendix
Chapter 12 — The Effect of Eminent Domain on the Landlord-Tenant Relationship
I. [12.1] Introduction
II. Parties
III. Condemnation Proceeding
VI. Appendix — Sample Forms
Chapter 13 — Mechanics Liens on Leased Property
II. Basis of a Mechanics Lien Claim
Chapter 14 — Environmental Issues in the Landlord-Tenant Relationship
II. [14.2] Addressing Environmental Aspects of Lease
III. Some Recurring Issues That Require Special Attention
IV. [14.30] RemediesGregory R. Andre is a Partner in the Real Estate Group of K&L Gates, LLP, in Chicago, with more than 30 years of extensive experience in commercial real estate law, including design and construction contracts, land use and development, leasing and sale-leasebacks, acquisitions and sales, real estate and construction, dispute resolution, and other matters involving properties located throughout the United States. He earned his B.S. magna cum laude from Boston College and his J.D. with honors from George Washington University Law School, where he was a member of the Law Review.
Patrick E. Brady is a Partner with McGuireWoods LLP in Chicago. He has extensive experience in all types of commercial and industrial transactions, with significant experience in leasing, selling, and acquiring property with environmental contamination. He also assists healthcare clients in connection with their real estate acquisitions and transactions and represents a real estate investment trust in connection with its acquisition of property for its national real estate portfolio. Mr. Brady is a member of the Real Estate and Real Estate Tax Committee Sections of the Chicago Bar Association, the Real Estate Committee of the Illinois State Bar Association, and the Committee of Taxation for the Chicagoland Chamber. While in law school, and for a short time thereafter, Mr. Brady served as an analyst in the Appeals Department and in the Law Department for the Cook County Assessor’s Office. He received his B.A., with honors, from Northwestern University and his J.D., summa cum laude, from The John Marshall Law School.
Catherine A. Cooke is a Partner with Latimer LeVay Fyock LLC, in Chicago, where she focuses her practice on banking and finance transactions and commercial litigation. Cooke has authored numerous columns published in the IDC Quarterly, the flagship publication of the Illinois Defense Counsel, and served on its Editorial Board beginning in 2015, including as the Editor-In-Chief (2019 – 2020). She also served as the Editor-in-Chief of the 2020 IDC Survey of Law. Cooke earned her B.A. from Indiana University-Bloomington and her J.D. from The John Marshall Law School.
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 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 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 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.
Kevin V. Hunt is a Member of Stahl Cowen Crowley Addis LLC, in Chicago, where he practices in the firm’s Litigation and Dispute Resolution Group and concentrates in the area of real estate litigation, representing mortgagees, developers, owners, contractors, and title insurance companies. Mr. Hunt is a member of the Turnaround Management Association and a member of the Chicago, Illinois State, and American Bar Associations. Mr. Hunt earned his B.A. from Wabash College and his J.D. from Chicago-Kent College of Law.
Barry H. Kahan is Principal of Kahan Law Offices in Highland Park, with associated offices in the Chicago Loop and the South, Northwest, and West Suburbs. His experience includes the representation of national commercial real estate developers and the coordination of various projects in Chicago, including the 150 N. Michigan Avenue Building and the conversion of River City to condominiums. He has written on subjects including the negotiation and closing of commercial real estate purchases, the negotiation and closing of commercial mortgages, and numerous others. Mr. Kahan was a member of the Executive Committee of the Real Property Committee of the Chicago Bar Association and was Chair of the Ownership, Leasing, and Management Subcommittee of the Real Property Committee for more than ten years. He is also an author and lecturer for IICLE® and has lectured for the Building Owners and Managers Association International and its Chicago Association and the Chicago Bar Association. He received his J.D. from Northwestern University School of Law.
Michele G. Magner is Of Counsel to the firm DLA Piper LLP (US) in Chicago, where she concentrates her practice in commercial leasing. Her experience includes office, retail, and industrial leasing for both landlords and tenants, including anchor-tenant and headquarters office leases, leases of new construction facilities for single users in a variety of industries, and portfolio leasebacks; acquisition, disposition, leasing, and financing of corporate facilities; acquisitions and lease restructurings in bankruptcy; and other aspects of general real estate practice. She was a practice consultant for Commercial Leases, Negotiation and Drafting in ILLINOIS REAL PROPERTY SERVICE, published by The Lawyers Co-Operative Publishing Co. Ms. Magner received her B.A. from Knox College and her J.D. from Washington University, where she was a member of the Order of the Coif.
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.
Madeleine W. Milan is an associate with Burke, Warren, MacKay & Serritella, P.C., in Chicago, where she focuses on commercial litigation, including forcible entry and detainer, mortgage foreclosure, quiet title, defamation, trade secret misappropriation, and bankruptcy. Ms. Milan received her B.A., cum laude, from Loyola University and J.D., cum laude, from Loyola University School of Law, where she was on the dean’s list all semesters; served as an editor on both the Loyola University Chicago Law Journal and the Consumer Law Review; was a legal writing tutor; externed for the Honorable Judge Ronald A. Guzman, United States District Court, Northern District of Illinois; and received the Law Alumni Endowed Scholarship for Merit and the CALI Award for Class Action Seminar.
Timothy J. Patenode is a Partner at Katten Muchin Rosenman LLP in Chicago, where he focuses his practice on real estate litigation. He is a member of the American Bar Association’s Litigation Section and Construction Forum. Mr. Patenode received his B.A. from Northwestern University and his J.D. cum laude from Northwestern University Pritzker Law School.
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 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.
Gerard D. Ring is a Partner with Burke, Warren, MacKay & Serritella, P.C., in Chicago, where he concentrates his practice in the areas of commercial litigation, estate and trust litigation, and bankruptcy. He has spoken on tenant bankruptcy and real estate for several professional organizations and has published articles in a variety of journals. Mr. Ring is AV rated and served as a faculty advisor for six years for The John Marshall Law School Trial Advocacy Competition, sponsored by the Association of Trial Lawyers of America. Mr. Ring was a member of the Board of Education for Palos Consolidated School District 118 (1994 – 1995 and 2001 – 2005). He received his B.A. from the University of Illinois at Chicago and his J.D., with high distinction, from The John Marshall Law School, where he served as a Staff Editor of The John Marshall Law Review.
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 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.
Theodore I. Yi is a Partner with Quarles & Brady LLP, in Chicago, where he concentrates his practice in the area of real estate law. His extensive and varied real estate experience includes a wide range of commercial real estate transactions, with a particular focus on commercial lease transactions, representing both owners and users of office, retail, and industrial properties. Mr. Yi has been listed in Chambers USA, was named a 2011 Business Leader of Color by Chicago United, and is a Fellow in the American College of Real Estate Lawyers. He earned both his B.A. and B.S. from the University of Illinois, with Phi Beta Kappa honors, and his J.D. from Harvard Law School.
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