Dayenian v. American National Bank and Trust Co. of Chicago
Appellate Court of Illinois
414 N.E.2d 1199 (1980)
Dayenian (plaintiff) transferred all her right, title, and interest in her apartment lease to Lambert with the landlord's written consent; when the building's developer, Lake Shore (defendant), later offered condo-conversion rights of first refusal to the current tenant under Illinois law, it went to Lambert (the actual tenant by then), who declined, and the unit was sold to a third party. Dayenian sued for specific performance, claiming she remained the true tenant entitled to the right of first refusal; the trial court granted the defendants summary judgment, and Dayenian appealed.
Whether a transfer of a lease is an assignment if it conveys the entire unexpired remainder of the lease term, without retaining any reversionary interest for the assignor.