Cluett v. Sheppard

Citations

• 131 Ill. 636
• 23 N.E. 589

Syllabus

<p>1. Landlord and tenant—privilege to tenant outside of particular premises let—waiver thereof—effect upon liability for rent. In the case of a lease of a designated portion of a building, where, in addition to the part actually let, the tenant is given the privilege of reasonable-storage room in the basement, he may waive his right to such use, and if he does so, and agrees to take storage room in another part of the building, he can not afterward set up his failure to get the use of the-basement, in defense to an action for the rent.</p> <p>2. Same—whether a leasing, or a mere privilege—a lease construed-A lease of a first loft in a building, after describing the property and giving the terms, contained this memorandum, to-wit: “Tenant to have privilege of storing a reasonable number of cases in the basement:”' Held, that the clause quoted did not amount to a leasing of premises, and that at most it was but the grant of a privilege to the lessee to occupy, for a special purpose, space not included in the lease.</p>