{
  "id": 5054374,
  "name": "Vincent L. Knaus, Appellant, v. William E. Beuck, Appellee",
  "name_abbreviation": "Knaus v. Beuck",
  "decision_date": "1947-05-19",
  "docket_number": "Gen. No. 44,059",
  "first_page": "356",
  "last_page": "360",
  "citations": [
    {
      "type": "official",
      "cite": "331 Ill. App. 356"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:59:14.602039+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Vincent L. Knaus, Appellant, v. William E. Beuck, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice O\u2019Connor\ndelivered the opinion of the court.\nApril 2, 1946, plaintiff brought an action of forcible detainer against defendant to recover possession of the first floor of a three story building located at 8926 Harper avenue, Chicago, together with one stall in a garage located in the rear of the building. There were a number of pleadings filed, motions made, orders entered and afterwards, on December 11, 1946, defendant\u2019s motion for a summary judgment was sustained. On that date plaintiff filed a written motion that \u201cwithout waiving any rights\u201d in the forcible detainer action, he be given leave \u201cto file a statement of claim in contract.\u201d The motion was overruled. Plaintiff appeals.\nThe record discloses that March 1, 1945, the parties entered into a written lease whereby plaintiff leased to defendant the first floor of the building and a stall in the garage in the rear, from the first of May, 1945, until April 30, 1946, at a rental of $62.50 per month, payable in advance on the first day of each month. Afterward defendant entered into possession of the premises and on the 15th day of March, 1946, plaintiff served two notices on defendant. > The first notice stated that the tenancy \u201cwill terminate on the 31st of March, 1946\u201d, and defendant was required to surrender possession to plaintiff on that day. The notice further stated that the reason plaintiff was terminating the lease was that prior to the execution of the lease it was agreed between the parties that the leasing was contingent upon defendant\u2019s acceptance to do certain work on and about the premises during the term of the lease; that defendant performed the work until March 3, 1946, when he gave plaintiff a written notice that he would not do the work thereafter. At the bottom of this typewritten notice appears in typewriting a statement that a copy of the notice had been forwarded to the Rent Control Division, O. P. A. located at 222 West Adams street, Chicago.\nThe second notice served by plaintiff on defendant notified defendant that \u201cin consequence of your violation of the provisions of your written lease, defaults of which are hereinafter stated,\u201d the apartment and the stall in the garage \u201cI have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same in ten days.\u201d That the defaults and violations were, among other things, \u201c (4) \u2014 Baby buggy must be removed from front hall. (5) \u2014 Baby buggy is taken in and out of the front door. (7) \u2014 Dog or dogs kept in apartment which is not allowed.\n\u201cFurthermore, washing machine, tools, furniture, and other items are kept in basement, from room and in boiler room. All such articles must be placed in tenant\u2019s locker provided ior that purpose.\u201d And further, \u201cYou have further violated a substantial obligation of your tenancy and have committed and allowed a nuisance in and about\u201d the premises in which high school children have come in and out of the apartment making loud noises, etc.\nThe record further discloses that the parties had entered into an oral agreement by which defendant was to keep up the fires in the furnace, remove garbage, etc., for which plaintiff was to pay him $7.50 per month, and that afterwards he did make such payments by check.\nPlaintiff contends that this was a part of the agreement entered into between the parties and that it was proper to show this fact, although it was not mentioned in the written lease. We think this contention cannot be sustained. There was no mention of this work in the lease and we think the record discloses that this was an independent agreement.\nDefendant contends that the notices above mentioned, served by plaintiff on defendant in attempting to terminate the lease, were not in compliance with the regulations of the O. P. A. That Section 6, which has to do with the removal of a tenant provides that: \u201cSo long as a tenant continues to pay the rent to which the landlord is entitled, no tenant shall be removed from any housing accommodations, by action to evict or to recover possession, . . . unless: . . . \u201c(3) Violating obligation of tenancy or committing nuisance. The tenant (1) has violated a substantial obligation of his tenancy, other than an obligation to pay rent and has continued, or failed to cure, such violation after written notice by the landlord that the violation cease. . . .\u201d Unless (d) he is given at least 10 days\u2019 notice. This provides: \u201cNotices required \u2014(1) Notices prior to action to remove tenant. Every notice to a tenant to vacate or surrender possession of housing accommodations shall state the ground under this section upon which the landlord relies for removal or eviction of the tenant. . . .\n\u201cNo tenant shall be removed or evicted from housing accommodations by court process or otherwise, unless at least ten days . . . prior to the time specified for surrender of possession and to the commencement of any action for removal or eviction, the landlord has given written notices of the proposed removal or eviction to the tenant and to the area rent office, stating the ground under this section upon which such removal or eviction is sought.\u201d\nWe think the two notices given were not a compliance with the provisions of the O. P. A. regulations. The first notice, above referred to, was given on March 15, 1946 and stated the lease would be terminated on the 31st of March, 1946, and the reason given was that the tenant refused to do the work mentioned in the oral agreement. The second notice which was given on the same day specifically stated that plaintiff had elected to determine the lease and notified the defendant to deliver up possession within 10 days, specifying a number of violations. Defendant was not given 10 days to correct such claimed violations as paragraph (d) of section 6 required. In these circumstances we think the court properly entered summary judgment in favor of defendant.\nWe are further of opinion that the court did not err in denying plaintiff\u2019s motion for leave to file a statement of claim in contract. This could not be joined in the forcible detainer action. Sec. 5, chap. 57, Ill. Rev. Stat., 1945 [Jones Ill. Stats. Ann. 109.267].\nThe judgment of the Municipal court of Chicago is affirmed.\nJudgment affirmed.\nNiemeyer and Feinberg, JJ., concur.",
        "type": "majority",
        "author": "Mr. Presiding Justice O\u2019Connor"
      }
    ],
    "attorneys": [
      "Vincent L. Knaus, pro se.",
      "Arthur Bosenblum, of Chicago, for appellee."
    ],
    "corrections": "",
    "head_matter": "Vincent L. Knaus, Appellant, v. William E. Beuck, Appellee.\nGen. No. 44,059.\nOpinion filed May 19, 1947.\nReleased for publication June 3, 1947.\nVincent L. Knaus, pro se.\nArthur Bosenblum, of Chicago, for appellee.\nSee Callaghan\u2019s Illinois Digest, same topic and section number."
  },
  "file_name": "0356-01",
  "first_page_order": 382,
  "last_page_order": 386
}