Opinion
Gen. No. 44,486. (Abstract of Decision.)
Opinion filed November 16, 1948 Released for publication December 2, 1948
LANDLORD AND TENANT, § 46 — ineffectiveness of notice to terminate tenancy. Where tenant in possession of apartment under tenancy from year to year properly rejected new lease tendered prior to expiration date of September 30, 1944, on ground that lease violated O.P.A. regulations, and tenant continued to pay, and landlord to accept, usual monthly rental until tenant was notified in writing on November 24, 1947, that after December 1 of that year rent would be payable to plaintiff as purchaser of the property, a "tenancy from year to year" terminable only by a sixty-day notice served prior to September 30 continued; hence plaintiff's notice served on tenant on November 24 notifying him that his tenancy would terminate on December 30 was ineffectual for purpose of terminating tenancy (Ill. Rev. Stat. 1947, ch. 80, par. 5; Jones Ill. Stats. Ann. 72.05).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. HAROLD P. O'CONNELL, Judge, presiding.
Judgment reversed. Heard in the second division, first district, this court at the June term, 1948.
Philip J. Slotnikoff, for appellant;
Samuel Wodika, for appellee;
Marvin E. Wodika, of counsel.
Not to be published in full. Opinion filed November 16, 1948; released for publication December 2, 1948.