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1 | AN ACT concerning property.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mobile Home Landlord and Tenant Rights Act | |||||||||||||||||||||||
5 | is amended by changing Sections 6 and 8 and by adding Section | |||||||||||||||||||||||
6 | 8.7 as follows:
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7 | (765 ILCS 745/6) (from Ch. 80, par. 206)
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8 | Sec. 6. Obligation of Park Owner to Offer Written Lease. | |||||||||||||||||||||||
9 | Except as provided in this Act, no person
shall offer a | |||||||||||||||||||||||
10 | mobile home or lot for rent or sale in a mobile home park
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11 | without having first exhibited to the prospective tenant or | |||||||||||||||||||||||
12 | purchaser a
copy of the lease applicable to the respective | |||||||||||||||||||||||
13 | mobile home park, unless the prospective tenant waives this | |||||||||||||||||||||||
14 | right in writing.
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15 | (a) The park owner shall be required, on a date before the | |||||||||||||||||||||||
16 | date on which the lease is signed, to offer to each present and
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17 | future tenant a written lease for a term of not less than 24 | |||||||||||||||||||||||
18 | months,
unless the prospective tenant waives that right and the | |||||||||||||||||||||||
19 | parties agree to a different term subject to existing leases
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20 | which shall be continued pursuant to their terms.
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21 | (b) Tenants in possession on the effective date of this Act | |||||||||||||||||||||||
22 | shall
have 30 days after receipt of the offer for a written | |||||||||||||||||||||||
23 | lease within which
to accept or reject such offer; during which |
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1 | period, the rent may not be
increased or any other terms and | ||||||
2 | conditions changed, except as permitted
under this Act; | ||||||
3 | providing that if the tenant has not so elected he shall
vacate | ||||||
4 | within the 30 day period.
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5 | (c) The park owner shall notify his tenants in writing not | ||||||
6 | later
than 30 days after the effective date of this Act, that a | ||||||
7 | written lease
shall be available to the tenant and that such | ||||||
8 | lease is being offered in
compliance with and will conform to | ||||||
9 | the requirements of this Act.
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10 | (d) The park owner shall give 90 days' notice of any rent | ||||||
11 | increase and no rent increase shall go into effect until 90 | ||||||
12 | days after the notice. Upon receipt of the notice of the rent | ||||||
13 | increase, a tenant shall have 30 days in which to accept or | ||||||
14 | reject the rent increase. If the tenant rejects the rent | ||||||
15 | increase, the tenant must notify the park owner of the date on | ||||||
16 | which the tenant will vacate the premises, which shall be a | ||||||
17 | date before the effective date of the rent increase. | ||||||
18 | (e) The park owner may provide for a specified rent | ||||||
19 | increase between the first and second years of the lease. | ||||||
20 | (f) The park owner may offer a month-to-month tenancy | ||||||
21 | agreement option to a tenant not wishing to make a long-term | ||||||
22 | commitment if the tenant signs a written statement | ||||||
23 | acknowledging that the park owner offered the tenant a longer | ||||||
24 | term lease but the tenant chose instead to agree to only a | ||||||
25 | month-to-month tenancy agreement. If the tenant declines to | ||||||
26 | sign either a lease or a statement acknowledging that a lease |
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1 | was offered, the park owner shall sign and deliver to the | ||||||
2 | tenant a statement to that effect. Any month-to-month tenancy | ||||||
3 | agreement must provide a minimum of 90 days' notice to the | ||||||
4 | tenant before any rent increase is effective. | ||||||
5 | (g) A prospective tenant who executes a lease pursuant to | ||||||
6 | this Section may cancel the lease by notifying the park owner | ||||||
7 | in writing within 3 business days after the prospective | ||||||
8 | tenant's execution of the lease, unless the prospective tenant | ||||||
9 | waives in writing this right to cancel the lease or waives this | ||||||
10 | right by taking possession of the mobile home or the lot. The | ||||||
11 | park owner shall return any downpayment, security deposit , or | ||||||
12 | rent paid by the prospective tenant within 10 days after | ||||||
13 | receiving the written cancellation. If the park owner enters | ||||||
14 | into an agreement to sell a mobile home to a prospective tenant | ||||||
15 | or lease it to a prospective tenant with an option to purchase, | ||||||
16 | the prospective tenant may cancel the sale or lease-purchase | ||||||
17 | agreement along with the lease by notifying the park owner in | ||||||
18 | writing within 3 business days after the prospective tenant's | ||||||
19 | execution of the lease. The park owner shall, within 10 days | ||||||
20 | after receiving the written cancellation, refund all | ||||||
21 | consideration paid by the prospective tenant and cancel any | ||||||
22 | debt relating to the purchase or lease of the mobile home. | ||||||
23 | (h) The maximum amount that a park owner may recover as | ||||||
24 | damages for a tenant's early termination of a lease is the | ||||||
25 | amount due under the lease, less any offset or mitigation | ||||||
26 | through a re-lease. |
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1 | (i) A tenant in possession of a mobile home or lot who is | ||||||
2 | not subject to a current lease on the effective date of this | ||||||
3 | amendatory Act of the 95th General Assembly
shall be offered a | ||||||
4 | lease by the park owner within 90 days after the effective date | ||||||
5 | of this amendatory Act of the 95th General Assembly. Tenants in | ||||||
6 | possession on the effective date of this amendatory Act of the | ||||||
7 | 95th General Assembly
shall have 30 days after receipt of the | ||||||
8 | offer for a written lease within which to accept or reject the | ||||||
9 | offer, during which period the rent may not be increased or any | ||||||
10 | other terms and conditions changed, except as permitted under | ||||||
11 | this Act; provided that if the tenant has not so elected he or | ||||||
12 | she shall vacate within the 30-day period.
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13 | (Source: P.A. 95-383, eff. 1-1-08.)
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14 | (765 ILCS 745/8) (from Ch. 80, par. 208)
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15 | Sec. 8. Renewal of Lease. | ||||||
16 | (a) Every lease of a mobile home or lot in a mobile
home | ||||||
17 | park shall contain an option which automatically renews the
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18 | lease; unless: | ||||||
19 | (1) the tenant shall notify the owners 30 days prior to | ||||||
20 | the
expiration of the lease that he does not intend to | ||||||
21 | renew the lease; | ||||||
22 | (2)
the park owner shall notify the tenant
30 days | ||||||
23 | prior to the expiration of the lease that the lease will | ||||||
24 | not be
renewed and specify in writing the reasons, such as | ||||||
25 | violations of park rules,
health and safety codes or |
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1 | irregular or non-payment of rent; | ||||||
2 | (3) the
park owner elects to cease the operation of | ||||||
3 | either all or a portion of the
mobile home park; or | ||||||
4 | (4) the park owner seeks to change the terms of the | ||||||
5 | agreement pursuant to subsection (b) in which case the | ||||||
6 | procedures set forth in subsection (b) shall apply, unless | ||||||
7 | the only change is in the amount of rent, in which case it | ||||||
8 | is sufficient if the park owner provides a letter notice to | ||||||
9 | the tenant stating the changed rent amount; any notice of a | ||||||
10 | change in the amount of rent shall advise the tenant that | ||||||
11 | the tenant will be given a copy of the lease, upon request, | ||||||
12 | at no charge and that no other changes in the lease are | ||||||
13 | allowed. | ||||||
14 | (b) If there is no change in the lease, the park owner must | ||||||
15 | provide the tenant with a letter notice stating there will be | ||||||
16 | no change in the lease terms unless a new lease is signed. If | ||||||
17 | there is a change in the rent, the park owner must offer to | ||||||
18 | provide the tenant a copy of the lease without charge upon | ||||||
19 | request.
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20 | (c) All notices required under this Section shall be by | ||||||
21 | first class mail or
personal service.
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22 | (d) At the expiration of a lease, including one that is a | ||||||
23 | renewal of a previous lease, the lease shall be renewed | ||||||
24 | automatically for a term of 2 years with the same terms as the | ||||||
25 | previous lease, unless the park owner seeks to change the terms | ||||||
26 | of the agreement pursuant to subsections (f), and (g), in which |
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1 | case the procedures set forth in those subsections shall apply. | ||||||
2 | (e) If the tenant does not accept the new terms, the tenant | ||||||
3 | may initiate a binding appraisal process whereby a | ||||||
4 | State-certified general real estate appraiser, licensed | ||||||
5 | pursuant to the Real Estate Appraiser Licensing Act of 2002, | ||||||
6 | agreed to by the tenant and park owner shall determine the fair | ||||||
7 | market value of the rent and other fees over the next 2 years, | ||||||
8 | based on the existing leases of other tenants in the same | ||||||
9 | mobile home park and any discount that is necessary to reflect | ||||||
10 | any future change in land use that the park owner has | ||||||
11 | announced. The amount determined by the appraiser, including | ||||||
12 | any built-in increases, shall be binding for the next 2 year | ||||||
13 | period. | ||||||
14 | (f) A tenant whose existing lease does not comply with this | ||||||
15 | Act shall, as soon as practical, be offered a 2 year lease that | ||||||
16 | complies with this Act, effective on the termination of the | ||||||
17 | existing lease. If the tenant does not accept the terms of the | ||||||
18 | lease, the tenant may initiate a binding appraisal process, | ||||||
19 | whereby a State-certified general real estate appraiser, | ||||||
20 | licensed pursuant to the Real Estate Appraiser Licensing Act of | ||||||
21 | 2002, agreed to by the tenant and park owner shall determine | ||||||
22 | the fair market value of the rent and other fees over the next | ||||||
23 | 2 years, based on new leases of other tenants in the same | ||||||
24 | mobile home park and, if necessary, leases in comparable mobile | ||||||
25 | home parks. | ||||||
26 | (g) A tenant has 60 days from receipt of the renewal notice |
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1 | to initiate the binding appraisal process. If the appraisal | ||||||
2 | process extends beyond the termination of the original lease | ||||||
3 | term, the tenant shall be a hold-over on a month-to-month lease | ||||||
4 | under the terms of the original lease and the park owner shall | ||||||
5 | be prohibited from taking any action inconsistent with that | ||||||
6 | original lease. | ||||||
7 | (Source: P.A. 95-383, eff. 1-1-08.)
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8 | (765 ILCS 745/8.7 new)
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9 | Sec. 8.7. Appraisals. | ||||||
10 | (a) If the tenant or tenant association and the park owner | ||||||
11 | fail to select an appraiser pursuant to subsection (e) or (f) | ||||||
12 | of Section 8, the circuit court in the county where the park is | ||||||
13 | located, upon application of the park owner or tenant, shall | ||||||
14 | appoint the appraiser. | ||||||
15 | (b) The appraiser's decision shall be a signed written | ||||||
16 | document, with copies provided to both the park owner and the | ||||||
17 | tenant. The appraiser's decision shall equitably apportion | ||||||
18 | expenses and fees incurred in the preparation of the appraisal | ||||||
19 | between the park owner and the tenant. | ||||||
20 | (c) The park owner and the tenant have the right in the | ||||||
21 | appraisal procedure to be represented by attorneys or, in the | ||||||
22 | case of the tenant, by the tenant association. | ||||||
23 | (d) The park owner or tenant may seek court review of an | ||||||
24 | appraisal that was conducted pursuant to this Section. The | ||||||
25 | court may vacate or modify the appraiser's decision, establish |
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1 | the fair market value of the land, or grant any other relief as | ||||||
2 | the court deems just or appropriate.
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