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Case Citations July 2015 through February 2016 1 (2015-2016)

handle is hein.ali/resdplltnt0028 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.4 Lease for a Fixed or Computable Period of Time C.A.6, 2015. Quot. in sup. Tenants who received subsidy payments under a low-income housing assistance voucher program sued local governmental entity that administered the program, claiming that defendant improperly determined that certain short-term lease fees imposed on them by their landlord were not rent within the meaning of the voucher program. The district court granted summary judgment for defendant. Reversing and remanding, this court held that the definition of rent encompassed all monies paid in consideration for the periodic use of property, not simply the discrete charge labelled as rent in a lease agreement. The court cited Restatement Second of Property: Landlord and Tenant § 1.4 in reasoning that rent, no matter how it was characterized in a lease, was the price paid for the lessee's use of the property for a distinct period of time. Velez v. Cuyahoga Metropolitan Housing Authority, 795 F.3d 578, 586. PART III. TENANT'S REMEDIES CHAPTER 10. TERMINATION OF THE LEASE AND DAMAGES § 10.2 Damages N.D.Ill.Bkrtcy.Ct.2015. Cit. in sup. After Chapter 11 debtor, which was the landlord of a food court, moved to reject certain unexpired leases with tenants in connection with its sale of the property to buyer, tenants filed proofs of claim for rejection damages. This court overruled buyer's objections and allowed tenants' proofs of claim with respect to the majority of the damages requested. The court reasoned that, under Restatement Second of Property: Landlord and Tenant § 10.2, tenants were entitled to any damages fairly and reasonably determined to be naturally arising from the breach or reasonably within the contemplation of the parties as a probable result of a breach, including reasonable pre-rejection tenant expenditures that debtor, at the time the lease was made, could reasonably have foreseen would be made, reasonable relocation costs, and loss of anticipated business profits that were proven to a reasonable degree of certainty. In re Lake Dearborn, LLC, 534 B.R. 747, 756. PART VI. TORT LIABILITY OF LANDLORD CHAPTER 18. LIABILITY FOR PHYSICAL HARM TO PERSONS OUTSIDE THE LEASED PROPERTY ALI I4LILAIm For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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