Opinion
Gen. No. 43,972. (Abstract of Decision.)
Opinion filed May 20, 1947 Released for publication June 9, 1947
FORCIBLE ENTRY AND DETAINER, § 47 — notice of termination of tenancy under special agreement for definite period, necessity of. Where, following expiration of lease for one year, lessee occupied apartment under written lease for one month containing special agreement for renewal from month to month to certain date, lessor was not required to give notice of tenancy termination in order to maintain forcible detainer action upon lessee's refusal to surrender possession on that date, in view of section 12 of Landlord and Tenant Act providing that such notice is not necessary when tenancy is for definite period, and section 6 of that Act requiring 30-day notice where tenant holds over without special agreement was inapplicable (Ill. Rev. Stat. 1945, ch. 80, pars. 6, 12; Jones Ill. Stats. Ann. 72.06, 72.12).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN T. ZURIS, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the February term, 1947.
James A. Mahoney, for appellant;
Joseph A. Ricker, for appellee.
Not to be published in full. Opinion filed May 20, 1947; released for publication June 9, 1947.