Wright v. Lattin

Citations

• 38 Ill. 293

Syllabus

<p>1. Landlord and tenant—eviction—-payment of rent. An eviction of a tenant by the landlord, or a stranger, before the end of the term, exonerates the tenant from the further payment of rent.</p> <p>2. Same—what acts of landlord will discharge the tenant from the terms of the lease. Any act of the landlord which renders the lease unavailing to the tenant, discharges such tenant from the terms and conditions of the lease, and he may abandon it.</p> <p>3. Same—covenant by landlord to make repairs. Where a landlord covenants to repair before the term commences, but the tenant enters upon the term and receives possession before such, covenant is performed, he can not abandon the lease, and refuse to pay rent for the breach of any other covenant except for quiet enjoyment.</p> <p>4. Where a landlord fails to perform such covenant, the tenant may recoup the amount from the rent, or may sue upon the covenant.</p> <p>5. Same—grantee of landlord—eviction under him. If the grantee of a lessor, let to another during the unexpired term, who evicts the first tenant, such grantee becomes responsible for the act.</p>