Miller v. Lerner

Appellate Court of Illinois

Miller v. Lerner

205 Ill. App. 591, 1917 Ill. App. LEXIS 1245

Appellate Court of Illinois·Decided May 29, 1917·No. Gen. No. 22,369·Published

Opinion

Mr. Presiding Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. Landlord and tenant, § 93*—when tenant accepting unsigned written lease may not claim that tenancy is from month to month. Where there is an arrangement between a landlord and a tenant in possession of the premises that the latter will rent the premises under a written lease for a year from a certain date at a specified rental and he remains in possession after the commencement of the term, paying the rent agreed upon in the new lease without objecting to its terms, such tenant cannot claim that the lease was from month to month, although the written lease was not signed by him.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Presiding Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. Landlord and tenant, § 93*—when tenant accepting unsigned written lease may not claim that tenancy is from month to month. Where there is an arrangement between a landlord and a tenant in possession of the premises that the latter will rent the premises under a written lease for a year from a certain date at a specified rental and he remains in possession after the commencement of the term, paying the rent agreed upon in the new lease without objecting to its terms, such tenant cannot claim that the lease was from month to month, although the written lease was not signed by him.

Miller v. Lerner, 205 Ill. App. 591, 1917 Ill. App. LEXIS 1245 (Ill. Ct. App. 1917).

Pincite

205 Ill. App. 591 (Miller v. Lerner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.