DuPage County Real Estate Litigation Attorneys
Skilled Representation for Landlord-Tenant Disputes throughout Illinois
At Momkus McCluskey LLC, we represent both landlords and tenants in commercial tenancy disputes. Our business law group works closely with our commercial and civil litigation group to determine the most practical resolution for each client we serve. Our extensive business and litigation experience gives our clients a comprehensive solution that considers all relevant factors in determining the best strategy to settle commercial landlord-tenant disputes.
We handle all types of disputes between commercial landlords and their tenants, including but not limited to:
- Property Damage Issues: There is a wide range of potential causes for damage on commercial property. Some are the fault of the tenant while others may be due to the negligence on the part of the landlord. Our investigative team helps our clients determine the cause for the damage and who is truly at fault.
- Breach of Lease: There are times when either a landlord or tenant is in violation of the terms of the lease. We represent either side in such disputes.
- Tortious Interference: When one party disrupts the ability of another to fulfill their contractual obligations, this could be a case of tortious interference. However, proving intentional interference can be difficult and requires the assistance of experienced and aggressive real estate litigation lawyers.
- Constructive Eviction: This can occur when the landlord does not formally evict a tenant, but takes steps to make the premises uninhabitable, thus forcing the tenant to surrender occupancy. To seek damages, the tenant must prove that the uninhabitable conditions were the result of actions taken by the landlord.
- Breach of Covenant of Quiet Enjoyment: Tenants have the right to “quiet enjoyment” when leasing commercial property. When this right is disrupted, tenants may seek damages.
- Breach of Warranty: Like constructive eviction, this can occur when the warranty of habitability in a commercial contract is broken. To obtain relief, however, the tenant must once again prove that the habitability problems resulted from landlord actions.
- Trespassing: If a person or party knowingly enters or remains within a commercial property after being notified that it is forbidden, they may be charged with criminal trespassing. Our attorneys help clients with restraining orders and injunctive relief in such cases.
Representative clients who require our services include commercial landlords, manufacturers, retailers and businesses that operate out of commercial offices.
Our litigation attorneys have immense experience in all phases of commercial litigation; including dispositive motions, trial and appeal, as well as alternative dispute resolution. We also counsel our clients regarding ways to avoid future contract disputes and the escalation of existing problems through the drafting and negotiation of lease agreements. In addition, we have a highly skilled real estate group with whom we collaborate when appropriate.
The Momkus McCluskey LLC team puts its experience to work for you to efficiently and effectively obtain the appropriate relief; this may include:
- Monetary damages;
- Injunctive relief;
- Declaratory judgment;
- Specific performance;
- Recovering attorneys’ fees; and
- Any combination of these or other appropriate remedies.
We understand that every landlord-tenant dispute is unique and every client has specific outcomes they are trying to achieve. For this reason, we put together a customized legal solution that addresses your needs while seeking to stay within your budget. Your goals are our top priority, and we do everything possible to keep you on track toward achieving them.
For skilled legal guidance on all types of landlord-tenant disputes in Illinois, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. We provide counsel and advice from our team of experienced real estate litigation attorneys in DuPage County, Chicago, Cook County, Kane County, Will County, Lake County, McHenry County, Kendall County, DeKalb County and throughout Illinois.