HB4079 93RD GENERAL ASSEMBLY

LRB093 15271 LCB 40872 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4079

Introduced 1/15/2004, by Elaine Nekritz

SYNOPSIS AS INTRODUCED:

765 ILCS 705/1

from Ch. 80, par. 91

Amends the Landlord and Tenant Act. Provides that covenants in commercial leases exempting the lessor from liability for property damage are not void as against public policy. Effective immediately.

A BILL FOR

AN ACT concerning landlords.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Landlord and Tenant Act is amended by changing Section 1 as follows:

(765 ILCS 705/1) (from Ch. 80, par. 91)

Sec. 1. Liability exemptions.

(a) Except as otherwise provided in subsection (b), every covenant, agreement, or understanding in or in connection with or collateral to any lease of real property, exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor, his or her agents, servants or employees, in the operation or maintenance of the demised premises or the real property containing the demised premises shall be deemed to be void as against public policy and wholly unenforceable.

(b) Subsection (a) does not apply to a provision in a commercial lease that exempts the lessor from liability for property damage.

(Source: P.A. 84-551.)

Section 99. Effective date. This Act takes effect upon becoming law.