Fabri v. Bryan

Citations

• 80 Ill. 182

Syllabus

<p>1. Landlord and tenant—right of entry by landlord -under agreement. Where a lease contains a license to the landlord, his agent, attorney or assigns, to enter into possession of the leased premises with or without process of law, and expel and remove the tenant or any other person occupying the premises, and to use such force as may be necessary in so doing, and to regain and repossess the premises, in case the tenant holds over, the landlord may enter and remove the tenant therefrom after the expiration of the term of the lease, using no unnecessary force for the purpose, and the tenant can not maintain an action of trespass therefor against him.</p> <p>3. Remedy. In such case the fact that the landlord had instituted an action of forcible detainer against his tenant would not operate to deprive the former of his right to make entry under the agreement in the lease. He had a right to resort to either or both remedies at the same time.</p>