97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4463

 

Introduced 1/30/2012, by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-120
735 ILCS 5/9-210  from Ch. 110, par. 9-210

    Amends the Code of Civil Procedure. Provides that if a lessor has received written notification from a law enforcement agency of the use of the leased premises for the commission of an act that would constitute a felony or Class A misdemeanor, then the lessor has the right to terminate (instead of void) the lease. Adds, in forcible entry and detainer provisions concerning a notice to quit when there is a default as to a term in a lease, that it is not necessary to give more than 5 days' notice if the lessor is also providing notice of termination because the premises were used in a felony or Class A misdemeanor. Makes other changes. Effective immediately.


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A BILL FOR

 

HB4463LRB097 16477 AJO 61645 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 Sections 9-120 and 9-210 as follows:
 
6    (735 ILCS 5/9-120)
7    Sec. 9-120. Leased premises used in furtherance of a
8criminal offense; lease terminated void at option of lessor or
9assignee.
10    (a) If any lessee or occupant, on one or more occasions,
11uses or permits the use of leased premises for the commission
12of any act that would constitute a felony or a Class A
13misdemeanor under the laws of this State, and the lessor has
14received written notification from a law enforcement agency of
15the use of the leased premises for the commission of an act
16that would constitute a felony or a Class A misdemeanor, then
17the lease or rental agreement shall, at the option of the
18lessor or the lessor's assignee be terminated become void, and
19the owner or lessor shall be entitled to recover possession of
20the leased premises as against a tenant holding over after the
21expiration of his or her term. A written lease shall notify the
22lessee that if any lessee or occupant, on one or more
23occasions, uses or permits the use of the leased premises for

 

 

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1the commission of a felony or Class A misdemeanor under the
2laws of this State, the lessor shall have the right to void the
3lease and recover the leased premises. Failure to include this
4language in a written lease or the use of an oral lease shall
5not waive or impair the rights of the lessor or lessor's
6assignee under this Section or the lease. This Section shall
7not be construed so as to diminish the rights of a lessor, if
8any, to terminate a lease for other reasons permitted under law
9or pursuant to the lease agreement.
10    (b) The owner or lessor may bring a forcible entry and
11detainer action, or, if the State's Attorney of the county in
12which the real property is located or the corporation counsel
13of the municipality in which the real property is located
14agrees, assign to that State's Attorney or corporation counsel
15the right to bring a forcible entry and detainer action on
16behalf of the owner or lessor, against the lessee and all
17occupants of the leased premises alleging the criminal activity
18and any other alleged violations of the lease. The assignment
19must be in writing on a form prepared by the State's Attorney
20of the county in which the real property is located or the
21corporation counsel of the municipality in which the real
22property is located, as applicable. If the owner or lessor
23assigns the right to bring a forcible entry and detainer
24action, the assignment shall be limited to those rights and
25duties up to and including delivery of the order of eviction to
26the sheriff for execution. The owner or lessor shall remain

 

 

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1liable for the cost of the eviction whether or not the right to
2bring the forcible entry and detainer action has been assigned.
3    (c) A person does not forfeit any part of his or her
4security deposit due solely to an eviction under the provisions
5of this Section, except that a security deposit may be used to
6pay fees charged by the sheriff for carrying out an eviction.
7    (d) If a lessor or the lessor's assignee terminates voids a
8lease or contract under the provisions of this Section and the
9tenant or occupant has not vacated the premises within 5 days
10after receipt of a written notice under Section 9-210 of this
11Code is provided to vacate the premises, the lessor or lessor's
12assignee may seek relief under this Article IX. Notwithstanding
13Sections 9-112, 9-113, and 9-114 of this Code, judgment for
14costs against a plaintiff seeking possession of the premises
15under this Section shall not be awarded to the defendant unless
16the action was brought by the plaintiff in bad faith. An action
17to possess premises under this Section shall not be deemed to
18be in bad faith when the plaintiff based his or her cause of
19action on information provided to him or her by a law
20enforcement agency, the State's Attorney, or the municipality.
21    (e) After a trial, if the court finds, by a preponderance
22of the evidence, that the allegations in the complaint have
23been proven, the court shall enter judgment for possession of
24the premises in favor of the lessor plaintiff and the court
25shall order that the lessor plaintiff shall be entitled to
26re-enter the premises immediately.

 

 

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1    (f) A judgment for possession of the premises entered in an
2action brought by a lessor or lessor's assignee based on an act
3that would constitute a felony or a Class A misdemeanor, if the
4action was brought as a result of a lessor or lessor's assignee
5declaring a lease terminated void pursuant to this Section, may
6not be stayed for any period in excess of 7 days by the court
7unless all parties agree to a longer period. Thereafter the
8lessor plaintiff shall be entitled to re-enter the premises
9immediately. The sheriff or other lawfully deputized officers
10shall execute an order entered pursuant to this Section within
117 days of its entry, or within 7 days of the expiration of a
12stay of judgment, if one is entered.
13    (g) Nothing in this Section shall limit the rights of an
14owner or lessor to bring a forcible entry and detainer action
15on the basis of other applicable law.
16(Source: P.A. 97-236, eff. 8-2-11.)
 
17    (735 ILCS 5/9-210)  (from Ch. 110, par. 9-210)
18    Sec. 9-210. Notice to quit. When default is made in any of
19the terms of a lease, it is not necessary to give more than 10
20days' notice, or, if the lessor is also providing notice of
21termination pursuant to Section 9-120 of this Code, more than 5
22days' notice, to quit, or of the termination of such tenancy,
23and the same may be terminated on giving such notice to quit at
24any time after such default in any of the terms of such lease.
25Such notice may be substantially in the following form:

 

 

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1    "To A.B.: You are hereby notified that in consequence of
2your default in (here insert the character of the default) of
3the premises now occupied by you, being, etc., (here describe
4the premises) I have elected to terminate your lease, and you
5are hereby notified to quit and deliver up possession of the
6same to me within 10 days of this date (dated, etc.)." If the
7lessor is also providing notice of termination pursuant to
8Section 9-120 of this Code, "10 days" in the preceding sentence
9shall be replaced by "5 days".
10    The notice is to be signed by the lessor or his or her
11agent, and no other notice or demand of possession or
12termination of such tenancy is necessary.
13(Source: P.A. 82-280.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.