100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0758

 

Introduced 2/1/2017, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-107  from Ch. 110, par. 9-107
735 ILCS 5/9-211  from Ch. 110, par. 9-211

    Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that if the landlord, or his or her agent or attorney, is unable to personally serve the demand on the tenant, then constructive service of the demand may be accomplished. Makes corresponding changes.


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A BILL FOR

 

SB0758LRB100 06944 HEP 16995 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-107 and 9-211 as follows:
 
6    (735 ILCS 5/9-107)  (from Ch. 110, par. 9-107)
7    Sec. 9-107. Constructive service. If: (1) the plaintiff,
8his or her agent, or attorney files a forcible detainer action,
9with or without joinder of a claim for rent in the complaint,
10and is unable to obtain personal service on the defendant or
11unknown occupant and a summons duly issued in such action is
12returned without service stating that service can not be
13obtained; or (2) the landlord, or his or her agent or attorney,
14is unable to personally serve the demand on the tenant by any
15of the means listed in Section 9-211 of this Code, then the
16plaintiff or landlord or , his or her agent or attorney may file
17an affidavit stating that the defendant or unknown occupant is
18not a resident of this State, or has departed from this State,
19or on due inquiry cannot be found, or is concealed within this
20State so that the demand or process cannot be served upon him
21or her, and also stating the place of residence of the
22defendant or unknown occupant, if known, or if not known, that
23upon diligent inquiry the affiant has not been able to

 

 

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1ascertain the defendant's or unknown occupant's place of
2residence, then in all such forcible detainer cases whether or
3not a claim for rent is joined with the complaint for
4possession, the defendant or unknown occupant may be notified
5by posting and mailing of notices; or by publication and
6mailing, as provided for in Section 2-206 of this Act. However,
7in cases where the defendant or unknown occupant is notified by
8posting and mailing of notices or by publication and mailing,
9and the defendant or unknown occupant does not appear
10generally, the court may rule only on the portion of the
11complaint which seeks judgment for possession, and the court
12shall not enter judgment as to any rent claim joined in the
13complaint or enter personal judgment for any amount owed by a
14unit owner for his or her proportionate share of the common
15expenses, however, an in rem judgment may be entered against
16the unit for the amount of common expenses due, any other
17expenses lawfully agreed upon or the amount of any unpaid fine,
18together with reasonable attorney fees, if any, and costs. The
19claim for rent may remain pending until such time as the
20defendant or unknown occupant appears generally or is served
21with summons, but the order for possession shall be final,
22enforceable and appealable if the court makes an express
23written finding that there is no just reason for delaying
24enforcement or appeal, as provided by Supreme Court rule of
25this State.
26    The contents of the demand shall be as provided in this

 

 

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1Article. The notice of the summons Such notice shall be in the
2name of the clerk of the court, be directed to the defendant or
3unknown occupant, shall state the nature of the cause against
4the defendant or unknown occupant and at whose instance issued
5and the time and place for trial, and shall also state that
6unless the defendant or unknown occupant appears at the time
7and place fixed for trial, judgment will be entered by default,
8and shall specify the character of the judgment that will be
9entered in such cause. The sheriff shall post 3 copies of the
10demand or notice of summons notice in 3 public places in the
11neighborhood of the court where the cause is to be tried, at
12least 10 days prior to the day set for the appearance, and, if
13the place of residence of the defendant or unknown occupant is
14stated in any affidavit on file, shall at the same time mail
15one copy of the notice addressed to such defendant or unknown
16occupant at such place of residence shown in such affidavit. On
17or before the day set for the appearance, the sheriff shall
18file the notice with an endorsement thereon stating the time
19when and places where the sheriff posted and to whom and at
20what address he or she mailed copies as required by this
21Section. For want of sufficient notice any cause may be
22continued from time to time until the court has jurisdiction of
23the defendant or unknown occupant.
24(Source: P.A. 92-823, eff. 8-21-02.)
 
25    (735 ILCS 5/9-211)  (from Ch. 110, par. 9-211)

 

 

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1    Sec. 9-211. Service of demand or notice. Except as provided
2in Section 9-107, any Any demand may be made or notice served
3by delivering a written or printed, or partly written and
4printed, copy thereof to the tenant, or by leaving the same
5with some person of the age of 13 years or upwards, residing on
6or in possession of the premises; or by sending a copy of the
7notice to the tenant by certified or registered mail, with a
8returned receipt from the addressee; and in case no one is in
9the actual possession of the premises, then by posting the same
10on the premises.
11(Source: P.A. 83-355.)