Sandelman v. Buckeye Realty, Inc

In Sandelman v. Buckeye Realty, Inc., 216 Ill. App. 3d 226, 230, 576 N.E.2d 1038, 1040, 160 Ill. Dec. 84 (1991), the court held that because the parties' lease agreement did not contain a plainly discoverable clause that would demonstrate that the tenant was required to replace the roof, the landlord was responsible for replacing it. Sandelman, 216 Ill. App. 3d at 230-31, 576 N.E.2d at 1040-41. The pertinent part of the parties' lease in Sandelman was titled "Condition and Upkeep of Premises" and stated as follows: "'Tenant at its own expense during the term of this lease or any extension thereof will keep said premises and all buildings and improvements of permanent character in good repair, replacing all broken glass with glass of the same size and quality as that broken; and replace all damaged plumbing, electrical, and other fixtures with other of equal quality, and will keep said premises in a clean and healthful condition and upon termination of this lease, in any way, will yield up said premises to landlord in good condition and repair (ordinary wear excepted) Landlord shall not be obligated to incur any expense for repairing any improvements on the demised premises or connected therewith during the term of this lease or any extension thereof.'" Sandelman, 216 Ill. App. 3d at 229, 576 N.E.2d at 1039-40.