1400 LAKE SHORE DRIVE CORP. v. McANINCH, 335 Ill. App. 577 (1948)


82 N.E.2d 492

1400 Lake Shore Drive Corporation, Appellant, v. Sally McAninch, Appellee.

Gen. No. 44,496. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed November 16, 1948 Released for publication December 2, 1948

LANDLORD AND TENANT, § 150[*] lease’s nonretroactive effect in matter of rental. Where landlord, availing itself of provisions of Housing and Rent Act of 1947, tendered to tenant a new lease providing for increased rental, and lease was dated July 28, 1947, and was executed, delivered and accepted by tenant on or about that date, and tenant had previously paid, and landlord accepted, rent for July in lesser amount fixed by prior lease, the new lease would not be given retroactive effect so as to obligate tenant to pay increased rental for month of July, notwithstanding that such lease provided for a term beginning July 2.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the Municipal Court of Chicago; the Hon. LEROY HACKETT, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the June term, 1948;

McCarthy Levin, for appellant;

James W. Cotter, for appellee.

Opinion by JUSTICE FRIEND.

Not to be published in full. Opinion filed November 16, 1948; released for publication December 2, 1948.

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