Gazzolo v. Chambers

Citations

• 73 Ill. 75

Syllabus

<p>1. Landlord and tenant—implied covenant for quiet enjoyment. The only covenant that is implied in a lease, is that of quiet enjoyment. This covenant, whether express or implied, only means that the lessor shall have such title to the premises as will enable him to give a good and unincumbered lease for the term demised. It implies no warranty against the acts of strangers. It confers upon the lessee a right to enter upon the premises, but nothing more.</p> <p>2. Same—duty of lessor to put lessee in possession. The implied covenant for quiet enjoyment creates no obligation on the part of the lessor to place the lessee in possession of the premises. If he is kept out of possession by any act of the landlord, or by one holding a paramount title, the lessee may have an action.</p> <p>3. Where the lessee is prevented from obtaining possession of the demised premises by a former tenant, whose tenancy had expired, his remedy is against the latter, and not against the landlord. The landlord not being entitled to the possession, can maintain no action to recover the premises, but the right of possession being alone in the lessee, he must bring the action, and forcible detainer lies in his favor.</p> <p>4. Same—when landlord may re-let the premises. Where a lease contained no express covenant to put the lessee in possession of the demised premises, and former tenants of the lessor whose time had expired held over without any authority, and the lessee took no steps to obtain possession, but leased other property, and the lessor, after devising a plan to get possession, asked the lessee if he would still take the premises in case possession could he obtained, and he declined to answer whether he would or not: Seld, that the lessor was authorized to regal'd this as an abandonment of the lease and a refusal to occupy under it, and that he had a clear right afterwards to re-let the premises to the tenants in possession, and that he was not liable under his prior lease for so do