HB3062 97TH GENERAL ASSEMBLY

LRB097 07028 AJO 47121 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3062

Introduced 2/23/2011, by Rep. Ann Williams

SYNOPSIS AS INTRODUCED:

765 ILCS 705/9 new

Amends the Landlord and Tenant Act. Provides that a landlord shall make a good faith effort to timely disclose by written notice given to each residential or commercial tenant following, or in anticipation of, a significant change concerning the property at which the leased premises is located by stating that the property: is the subject of a foreclosure action, the control of the property has changed or will change, and that the tenant may terminate, without penalty, the lease upon 90 days' written notice; is for sale or has been sold; or that the premises are or will be under different management. Provides that, if the property where the leased premises is located is in foreclosure, a tenant may terminate, without penalty, the lease upon 90 days' written notice to the landlord. Provides that a landlord shall make a good faith effort to disclose in a timely manner to each prospective residential or commercial tenant who is considering leasing premises that the property at which the premises is located: is the subject of a foreclosure action; is for sale or has been sold; or will be under different management.

A BILL FOR

AN ACT concerning civil law.

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 adding Section 9 as follows:

(765 ILCS 705/9 new)

Sec. 9. Notice to tenant and prospective tenant.

(a) A landlord shall make a good faith effort to disclose by written notice given in a timely manner to each residential or commercial tenant following, or in anticipation of, a significant change concerning the premises, as described in paragraph (1), (2), or (3), that the real estate at which the leased premises is located:

(1) is the subject of a foreclosure action (including the name of the case, the case number, and the court where the foreclosure action is pending); whether the control of the real estate in foreclosure has or will change; and that the tenant, upon notice to the landlord, may terminate the lease, without penalty, after giving the landlord 90 days' written notice of the termination under this Section;

(2) will be offered for sale or that the property has been sold; or

(3) will be under different management or that the property now has different management.

(b) If the real estate at which the leased premises is located is the subject of a foreclosure action, the tenant may terminate the lease, without penalty, by giving 90 days' written notice of the termination.

(c) A landlord shall make a good faith effort to disclose in a timely manner to each prospective residential or commercial tenant who is considering leasing premises from the landlord that the real estate at which the premises is located has been or will be significantly affected by any of the following:

(1) the property is the subject of a foreclosure action (including the name of the case, the case number, and the court where the foreclosure action is pending);

(2) the control of the real estate will change;

(3) the property will be offered for sale or the property has been sold; or

(4) the property will be under different management.