Commonwealth Building Corp. v. Hirschfield

307 Ill.App. 533, 30 N.E.2d 790 (1940)

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Nature of the Case

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Facts

The tenant's (D) lease was to expire on September 30. The lease contained a clause stating that if D held over, he would be liable for double rent. About two months before the lease was to expire, D notified P of his intent not to renew the lease. He began moving his family out of the apartment on September 27. There was evidence of some delay in gaining use of the freight elevator in the building, and although almost all of D's things had been moved out by the 30th, a few items remained. D and his family slept in the apartment on the night of the 30th. The remaining items were removed on October 1. At around 10 a.m. on October 1, an agent of the landlord (P) served a notice on D at his office that, due to his failure to vacate the apartment by midnight of September 30, P was electing to treat him as a holdover tenant for another year, and was charging him for a year's rent.