Legal Question in Landlord & Tenant Law in Illinois

commercial lease

I am a small boutique owner.I had to move out fast from my location and found this space right accross the street from where I was.I signed a lease right away.It was end of April.When we took down the awning we saw that the wall above the storefront window is in very dangerous condition.It looks horrible and the bricks are almost falling out-it looks very scarry.The landlord was there at the moment and he said that he and his wife have the estimates ready and that they're going to fix it in couple of weeks.

I trusted him and remodeled the space insight, invested about $10,000 in the remodeling, did some artwork insight and it looks amaising.I ordered great merchandise(that's another$60,000) and did everything possible in order to make this place beautiful and inviting.It's already middle of August, the landlord still doesn't have the estimates, it harms my business, even my old customers don't want to come to my new place, people think it's resale shop.I lost whol spring-summer season,didn't make any money.I paid half of the rent for this month and wrote him a letter that I will give him the rest when he'll finish construction.He sent me a 5 days notice.What should I do?I lost so much money cause of him,how can I fight back?


Asked on 8/10/07, 6:50 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: commercial lease

From what you've posted I see few legal options. First on the damage issue, that's surely not a defense to your failure to pay rent. Oral contracts ARE enforceable if there was an agreement but understand the ability to prove this "contract" is much more difficult than if there was a writing. Taking the analysis a step further, assume landlord did breach the agreement to repair the wall, how have you been damaged? I think proving the fact that people somehow haven't shopped because of this wall would be difficult.

As for the five-day notice, other than various procedural items if you're not paying the rent in the agreement there aren't great defenses. You might somehow use the confluence of not paying rent with the landlord and he/she not wanting to have to spend a lot of money on attorneys fees into getting this issue regarding repair agreed to possibly in a court order if it gets to that.

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Answered on 8/11/07, 2:04 pm


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