Opinion
Gen. No. 43,586. (Abstract of Decision.)
Opinion filed February 14, 1946 Released for publication February 26, 1946
LANDLORD AND TENANT, § 7 — when tenants holding over after expiration of lease were tenants from year to year. In forcible detainer action where issue presented was nature of tenants' occupancy after expiration of lease, and it appeared that no new agreement was made as to tenancy after lease expired, defendants were permitted to remain in possession, and plaintiffs, upon lawyer's advice, made notation "for month to month tenancy" on back of receipt for second month's rent, held that defendants held over as tenants from year to year and forcible detainer action could not be maintained in absence of statutory notice (Ill. Rev. Stat. 1943, 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. JUSTIN F. McCARTHY, Judge, presiding.
Judgment reversed and judgment here. Heard in the second division, first district, this court at the October term 1945.
Michael A. Gerrard, for appellants;
Ordower Ordower, for appellees;
Benjamin Ordower, of counsel.
Not to be published in full. Opinion filed February 14, 1946; released for publication February 26, 1946.