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MADISON - ST. CLAIR RECORD

Thursday, May 9, 2024

Law firm claims lease agreement contained fraudulent auto renewal clause

Lawsuits

EDWARDSVILLE — A St. Louis law firm claims its landlord's leasing agreement contained an automatic renewal clause that was not clearly disclosed and constituting fraud. 

Shira Truitt and The Truitt Law Firm LLC filed a complaint Feb. 10 in the Madison County Circuit Court against Kenneth Weiland and Elizabeth Weiland, alleging fraud.

According to the complaint, the plaintiffs and the defendants entered into a lease agreement on Aug. 30, 2010, for the lease of office space. The plaintiffs allege that the lease agreement included a "month-to-month term" for renewal on the first of each month "until terminated" and that it stated the lease would commence at midnight on Sept. 1, 2010 and end at 11:59 p.m. on Sept. 31, 2010. The plaintiffs claim the "automatic renewal clause" in the lease agreement was not disclosed "clearly and conspicuously" and did not "contain any language" to inform the parties about the cancellation procedure. 

They allege the lease agreement violates unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

The plaintiffs seek compensation of more than $50,000, and all other just relief. They are represented by Francine Johnston of Neubauer, Johnston & Hudson PC in Fairview Heights. 

Madison County Circuit Court case number 21-L-000181

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