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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/Art. VIII Pt. 23
(735 ILCS 5/Art. VIII Pt. 23 heading)
Part 23.
Perpetuating Testimony
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735 ILCS 5/8-2301
(735 ILCS 5/8-2301) (from Ch. 110, par. 8-2301)
Sec. 8-2301.
Perpetuation of testimony.
Any person may take the deposition
of a witness to
perpetuate the remembrance of any fact, matter or thing, relating to the
boundaries or improvements of land, the name or former name of water
course, the name or former name of any portion or district of the
county, the ancient customs, laws or usages of the inhabitants of any
part of this country, as far as they may pertain to the future
settlement of land claims or the marriage or pedigree of any person, any
other matter or thing necessary to the security of any estate, or to any
private right by filing a petition supported by affidavit in the circuit
court of the proper county. The petition shall set forth, briefly and
substantially, the petitioner's interest, claim or title in or to the subject
concerning which the petitioner desires to perpetuate evidence, the fact intended to
be established, the names of all other persons interested or supposed to
be interested therein, whether there are any persons interested therein
whose names are unknown to the petitioner (who shall be designated as
unknown owners), and the name of the witness proposed to be examined.
Except as in this Section otherwise provided, the procedure for the giving of
notice to interested persons, including unknown owners, and the manner
of taking the deposition shall be that provided by the rules of the
Supreme Court now or hereafter in effect for the taking of depositions
for the perpetuation of testimony. A deposition taken under this Section
may be used as evidence in any case in the same manner and subject to
the same conditions and objections as if it had originally been taken in
that case. The deposition is admissible against parties notified as
unknown owners to the same extent as it is against other notified
parties.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. VIII Pt. 24
(735 ILCS 5/Art. VIII Pt. 24 heading)
Part 24.
Application to Criminal Cases
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735 ILCS 5/8-2401
(735 ILCS 5/8-2401) (from Ch. 110, par. 8-2401)
Sec. 8-2401.
Application to criminal cases.
The provisions of Article
VIII of this Act shall apply to criminal
cases, unless expressly provided otherwise or unless such construction would
be inconsistent with the manifest intention of the context.
(Source: P.A. 83-707.)
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735 ILCS 5/Art. VIII Pt. 25
(735 ILCS 5/Art. VIII Pt. 25 heading)
Part 25.
Expert Witness Standards
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735 ILCS 5/8-2501
(735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
Sec. 8-2501. Expert Witness Standards. In any case in which the standard of
care
given by a medical
profession is at issue, the court shall apply the
following standards to determine if a witness qualifies as an expert witness
and can testify on the issue of the appropriate standard of care.
(a)
Relationship of the medical specialties of the witness to the medical
problem or problems
and the type of treatment administered in the case;
(b) Whether the witness has devoted
a
substantial portion of his or her
time to the practice of medicine, teaching or University based research
in relation to the medical care and type of treatment at issue which gave
rise to the medical problem of which the plaintiff complains;
(c)
Whether the witness is licensed
in the same profession as the defendant; and
(d) Whether, in the case against a nonspecialist, the witness can
demonstrate a sufficient familiarity with the standard of care practiced in
this State.
(Source: P.A. 97-1145, eff. 1-18-13.) |
735 ILCS 5/Art. VIII Pt. 26
(735 ILCS 5/Art. VIII Pt. 26 heading)
Part 26.
Minors
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735 ILCS 5/8-2601
(735 ILCS 5/8-2601) (from Ch. 110, par. 8-2601)
Sec. 8-2601.
(a) An out-of-court statement made by a child under the
age of 13 describing any act of child abuse or any conduct involving an
unlawful sexual act performed in the presence of, with, by, or on the
declarant child, or testimony by such of an out-of-court statement made by
such child that he or she complained of such acts to another, is admissible
in any civil proceeding, if: (1) the court conducts a hearing outside the
presence of the jury and finds that the time, content, and circumstances of
the statement provide sufficient safeguards of reliability; and (2) the
child either: (i) testifies at the proceeding; or (ii) is unavailable as a
witness and there is corroborative evidence of the act which is the subject
of the statement.
(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its
determination, it shall consider the age and maturity of the child, the
nature of the statement, the circumstances under which the statement was
made, and any other relevant factors.
(c) The proponent of the statement shall give the adverse party
reasonable notice of an intention to offer the statement and the
particulars of the statement.
(Source: P.A. 85-1440.)
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735 ILCS 5/Art. VIII Pt. 27
(735 ILCS 5/Art. VIII Pt. 27 heading)
Part 27.
Elder Adults
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735 ILCS 5/8-2701
(735 ILCS 5/8-2701)
Sec. 8-2701.
Admissibility of evidence; out of court statements; elder
abuse.
(a) An out of court statement made by an eligible adult, as defined in the
Adult Protective Services Act, who has been diagnosed by a physician to suffer
from (i) any form of dementia, developmental disability, or other form of
mental incapacity or (ii) any physical infirmity which prevents the eligible
adult's appearance in court, describing any act of elder abuse, neglect, or
financial exploitation, or testimony by an eligible adult of an out of court
statement
made by the eligible adult that he or she complained of such acts to another,
is admissible in any civil proceeding, if:
(1) the court conducts a hearing outside the presence | | of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and
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(2) the eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
| | corroborative evidence of the act which is the subject of the statement.
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(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its determination,
it shall consider the condition of the eligible adult, the nature of the
statement, the
circumstances under which the statement was made, and any other relevant
factors.
(c) The proponent of the statement shall give the adverse party reasonable
notice of an intention to offer the statement and the particulars of the
statement.
(Source: P.A. 98-49, eff. 7-1-13.)
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735 ILCS 5/Art. VIII Pt. 28
(735 ILCS 5/Art. VIII Pt. 28 heading)
Part 28. Prior Sexual Activity or Reputation as Evidence
(Source: P.A. 96-307, eff. 1-1-10.) |
735 ILCS 5/8-2801 (735 ILCS 5/8-2801) Sec. 8-2801. Admissibility of evidence; prior sexual activity or reputation. (a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsections (b) and (c): (1) evidence offered to prove that any victim engaged | | in other sexual behavior; or
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| (2) evidence offered to prove any victim's sexual
| | (b) Exceptions.
(1) In a civil case, the following evidence is
| | admissible, if otherwise admissible under this Act:
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| (A) evidence of specific instances of sexual
| | behavior by the victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; and
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| (B) evidence of specific instances of sexual
| | behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.
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| (c) Procedure to determine admissibility.
(1) A party intending to offer evidence under
| | (A) file a written motion at least 14 days before
| | trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and
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| (B) serve the motion on all parties and notify
| | the victim or, when appropriate, the victim's guardian or representative.
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| (2) Before admitting evidence under this Section the
| | court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.
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(Source: P.A. 96-307, eff. 1-1-10.)
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735 ILCS 5/Art. VIII Pt. 29
(735 ILCS 5/Art. VIII Pt. 29 heading)
Part 29. Immigration Status
(Source: P.A. 101-550, eff. 1-1-20.) |
735 ILCS 5/8-2901 (735 ILCS 5/8-2901) Sec. 8-2901. Admissibility of evidence; immigration status. (a) Except as provided in subsection (b), evidence related to a person's immigration status is not admissible in any civil proceeding. (b) Evidence otherwise inadmissible under this Act is admissible if: (1) it is essential to prove an element of a claim or | | (2) it is offered to prove an interest or bias of a
| | witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature; or
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| (3) a person or his or her attorney voluntarily
| | reveals his or her immigration status to the court.
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| (c) A party intending to offer evidence relating to a person's immigration status shall file a written motion at least 14 days before a hearing or a trial specifically describing the evidence and stating the purpose for which it is offered. A court, for good cause, may require a different time for filing or permit filing during trial.
Upon receipt of the motion and notice to all parties, the court shall conduct an in camera hearing, with counsel present, limited to review of the probative value of the person's immigration status to the case. If the court finds that the evidence relating to a person's immigration status meets the criteria set forth in paragraph (1), (2), or (3) of subsection (b), the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence.
The motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise.
(d) A person may not, with the intent to deter any person or witness from testifying freely, fully, and truthfully to any matter before trial or in any court or before a grand jury, administrative agency, or any other State or local governmental unit, threaten to or actually disclose, directly or indirectly, a person's or witness's immigration status to any entity or any immigration or law enforcement agency. A person who violates this subsection commits a Class C misdemeanor.
(Source: P.A. 101-550, eff. 1-1-20 .)
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735 ILCS 5/Art. IX
(735 ILCS 5/Art. IX heading)
ARTICLE IX
EVICTION
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/Art. IX Pt. 1
(735 ILCS 5/Art. IX Pt. 1 heading)
Part 1.
In General
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735 ILCS 5/9-101
(735 ILCS 5/9-101) (from Ch. 110, par. 9-101)
Sec. 9-101.
Forcible entry prohibited.
No person shall make an
entry into lands or tenements except in cases where entry is allowed by
law, and in such cases he or she shall not enter with force, but in a peaceable
manner.
(Source: P.A. 82-280.)
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735 ILCS 5/9-102
(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
Sec. 9-102. When action may be maintained.
(a) The person entitled to the possession of lands or tenements may be
restored thereto under any of the following circumstances:
(1) When a forcible entry is made thereon.
(2) When a peaceable entry is made and the possession | |
(3) When entry is made into vacant or unoccupied
| | lands or tenements without right or title.
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(4) When any lessee of the lands or tenements, or any
| | person holding under such lessee, holds possession without right after the termination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise.
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(5) When a vendee having obtained possession under a
| | written or verbal agreement to purchase lands or tenements, and having failed to comply with the agreement, withholds possession thereof, after demand in writing by the person entitled to such possession; however, any agreement for residential real estate entered into on or after July 1, 1987 that is an installment sales contract, as defined in the Installment Sales Contract Act, and the amount unpaid under the terms of the contract at the time of the filing of the foreclosure complaint, including principal and due and unpaid interest, at the rate prior to default, is less than 80% of the original purchase price of the real estate as stated in the contract, as required under paragraph (2) of subsection (a) of Section 15-1106 of the Illinois Mortgage Foreclosure Law, is subject to foreclosure.
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This amendatory Act of 1993 is declarative of
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(6) When lands or tenements have been conveyed by any
| | grantor in possession, or sold under the order or judgment of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained and the grantor in possession or party to such order or judgment or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his or her agent.
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(7) When any property is subject to the provisions of
| | the Condominium Property Act, the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property, or of any other expenses lawfully agreed upon or any unpaid fine, the Board of Managers or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand; or if the lessor-owner of a unit fails to comply with the leasing requirements prescribed by subsection (n) of Section 18 of the Condominium Property Act or by the declaration, by-laws, and rules and regulations of the condominium, or if a lessee of an owner is in breach of any covenants, rules, regulations, or by-laws of the condominium, and the Board of Managers or its agents have served the demand set forth in Section 9-104.2 of this Article in the manner provided in that Section.
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(8) When any property is subject to the provisions of
| | a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon, and the unit owner fails or refuses to pay when due his or her proportionate share of such assessments or expenses and the board or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand.
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(b) The provisions of paragraph (8) of subsection (a) of Section 9-102
and Section 9-104.3 of this Act shall not apply to any common interest
community unless (1) the association is a not-for-profit corporation or a limited liability company, (2)
unit owners are authorized to attend meetings of the board of directors or
board of managers of the association in the same manner as provided for
condominiums under the Condominium Property Act, and (3) the board of
managers or board of directors of the common interest community association
has, subsequent to the effective date of this amendatory Act of 1984 voted
to have the provisions of this Article apply to such association and has
delivered or mailed notice of such action to the unit owners or unless the
declaration of the association is recorded after the effective date of this
amendatory Act of 1985.
(c) For purposes of this Article:
(1) "Common interest community" means real estate
| | other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association.
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(2) "Declaration" means any duly recorded
| | instruments, however designated, that have created a common interest community and any duly recorded amendments to those instruments.
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(3) "Unit" means a physical portion of the common
| | interest community designated by separate ownership or occupancy by boundaries which are described in a declaration.
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(4) "Unit owners' association" or "association" means
| | the association of all owners of units in the common interest community acting pursuant to the declaration.
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(d) If the board of a common interest community elects to have the
provisions of this Article apply to such association or the declaration of
the association is recorded after the effective date of this amendatory Act
of 1985, the provisions of subsections (c) through (h) of Section 18.5 of
the Condominium Property Act applicable to a Master Association and
condominium unit subject to such association under subsections (c) through
(h) of Section 18.5 shall be applicable to the community associations and
to its unit owners.
(Source: P.A. 102-71, eff. 7-9-21.)
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735 ILCS 5/9-103
(735 ILCS 5/9-103) (from Ch. 110, par. 9-103)
Sec. 9-103.
Mobile home site.
The rental of land upon which a mobile
home is placed or the rental
of a mobile home and the land on which it is placed, for more than 30
days, shall be construed as a lease of real property. However, nothing
in this Section shall be construed to affect the classification of
mobile homes as real or personal property for purposes of taxation.
(Source: P.A. 82-280.)
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735 ILCS 5/9-104
(735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
Sec. 9-104.
Demand - Notice - Return.
The demand required by Section
9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the
age of 13 years or upwards, residing on, or being in charge of, the premises;
or in case no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession are unknown
occupants who are not parties to any written lease, rental agreement, or right
to possession agreement for the premises, then by delivering a copy of the
notice, directed to "unknown occupants", to the occupant or by leaving a copy
of the notice with some person of the age of 13 years or upwards
occupying the premises, or by posting a copy of the notice on the premises
directed to "unknown occupants". When such demand is made by
an officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated, and if such demand is made by any
person not an officer, the return may be sworn to by the person serving
the same, and is then prima facie evidence of the facts therein
stated. The demand for possession may be in the following form:
To ....
I hereby demand immediate possession of the following | | described premises: (describing the same.)
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The demand shall be signed by the person claiming such possession,
his or her agent, or attorney.
(Source: P.A. 92-823, eff. 8-21-02 .)
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735 ILCS 5/9-104.1
(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
Sec. 9-104.1. Demand; notice; return; condominium and contract
purchasers.
(a) In case there is a contract for the purchase of such lands
or tenements or in case of condominium property, the demand shall give the
purchaser under such contract, or to the condominium unit owner, as the
case may be, at least 30 days to satisfy the terms of the demand before an
action is filed. In case of a condominium unit, the demand shall set forth
the amount claimed which must be paid within the time prescribed in the
demand and the time period or periods when the amounts were originally due,
unless the demand is for compliance with Section 18(n) of the Condominium
Property Act, in which case the demand shall set forth the nature of the
lease and memorandum of lease or the leasing requirement not satisfied.
The amount claimed shall include regular or special assessments, late
charges or interest for delinquent assessments, and attorneys' fees claimed
for services incurred prior to the demand. Attorneys' fees claimed by
condominium associations in the demand shall be subject to review by the
courts in any eviction proceeding under subsection (b) of Section 9-111
of this Act.
The demand shall be signed by the person claiming such possession, his or
her agent, or attorney.
(b) In the case of a condominium unit, the demand is not invalidated by
partial payment of amounts due if the payments do not, at the end of the
notice period, total the amounts demanded in the notice for common
expenses, unpaid fines, interest, late charges, reasonable attorney fees
incurred prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her agent or
attorney, may, however, agree in writing to withdraw the demand in exchange
for receiving partial payment. To prevent invalidation, the notice must
prominently state:
"Only FULL PAYMENT of all amounts demanded in this notice will invalidate
the demand, unless the person claiming possession, or his or her agent or
attorney, agrees in writing to withdraw the demand in exchange for
receiving partial payment."
(c) The demand set forth in subsection (a) of this Section shall be
served either personally upon such purchaser or condominium unit owner or
by sending the demand thereof by registered or certified mail with return
receipt requested to the last known address of such purchaser or condominium
unit owner or in case no one is in the actual possession of the premises,
then by posting the same on the premises. When such demand is made by an
officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated and if such demand is made by any
person not an officer, the return may be sworn to by the person serving the
same, and is then prima facie evidence of the facts therein stated.
To be effective service under this Section, a demand sent by certified or
registered mail to the last known address need not be received by the
purchaser or condominium unit owner.
No
other demand shall be required as a prerequisite to filing an action under
paragraph (7) of subsection (a) of Section 9-102 of this Act.
Service of the demand by registered or certified mail shall be deemed
effective upon deposit in the United States mail with proper postage prepaid
and addressed as provided in this subsection.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-104.2
(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
Sec. 9-104.2. Condominiums: demand, notice, termination of lease, and eviction. (a) Unless the Board of Managers is seeking to evict
a tenant or other occupant of a unit
under
an existing lease or other arrangement with the owner
of a unit, no demand nor summons need be served upon the tenant or other
occupant in connection
with an action brought under paragraph (7) of subsection (a) of Section
9-102 of this Article.
(a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an
existing lease or other arrangement between the tenant or other occupant and
the defaulting owner of a unit, either within the same action against the unit
owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that subsection. If a
tenant or other occupant of a unit is joined within
the same action against the defaulting unit owner under paragraph (7),
only the unit owner and not the tenant or other occupant
need to be served with 30 days prior written notice as
provided in this Article.
The tenant or other occupant may be joined as additional defendants at the
time the suit is filed
or at any time thereafter prior to execution of the eviction order by
filing, with or without prior leave of the court, an amended complaint and
summons for trial. If the complaint alleges that the unit is occupied or may
be occupied by persons other than or in addition to the unit owner of record,
that the identities of the persons are concealed and unknown, they may be named
and joined as defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age
of
13 years or greater, and if the summons is returned without service stating
that service cannot be obtained, constructive service may be obtained pursuant
to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the
address of the unit. If prior to execution of the eviction order the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names
and the record may be corrected upon hearing pursuant to notice of motion
served upon the identified defendant or defendants at the unit in the manner
provided by
court rule for service of notice of motion.
If, however, an action under paragraph (7) was brought
against the defaulting unit owner only, and after obtaining an eviction order and expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as its own and to
commence a separate action, written
notice of the eviction order against the unit owner and demand to quit the premises
shall be served on the tenant or other occupant in the manner provided under
Section 9-211 at
least 10 days prior to bringing suit to evict the tenant or
other occupant.
(b) If an eviction order is granted to the Board of Managers under
Section 9-111, any interest of the unit owner to receive rents under any
lease arrangement shall
be deemed assigned to the Board of Managers until such time as the judgment is
vacated.
(c) If an eviction order is entered, the Board of Managers may
obtain from the clerk of the court an informational certificate notifying any
tenants
not parties to the proceeding of the assignment of the unit owner's interest
in the lease arrangement to the Board of Managers
as a result of the entry of the eviction order and stating that
any rent hereinafter due the unit owner or his agent under the lease
arrangement should be paid to the Board of Managers until further order of
court. If the tenant pays his rent to the association pursuant to the
entry of such an eviction order, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in the manner provided by
Section 9-211 of this Code, the tenant shall be obligated to pay the rent under
the lease arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board of Managers may
bring an eviction action after making a demand for rent in accordance
with Section 9-209 of this Code.
(c-5) In an action against the unit owner and lessee to evict a lessee for
failure of the lessor/owner of the condominium unit to comply with the leasing
requirements prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially
in the following form:
"TO A.B. You are hereby notified that in consequence | | of (here insert lessor-owner name) failure to comply with the leasing requirements prescribed by Section 18(n) of the Condominium Property Act or by the declaration, bylaws, and rules and regulations of the condominium, or your default of any covenants, rules, regulations or bylaws of the condominium, in (here insert the character of the default) of the premises now occupied by you, being (here described the premises) the Board of Managers of (here describe the condominium) Association elects to terminate your lease, and you are hereby notified to quit and vacate same within 10 days of this date.".
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The demand shall be signed by the Board of Managers, its agent, or attorney
and shall be served either personally upon the lessee with a copy to the unit
owner or by sending the demand thereof by registered or certified mail with
return receipt requested to the unit occupied by the lessee and to the last
known address of the unit owner, and no other demand of termination of such
tenancy shall be required. To be effective service under this Section, a
demand sent by certified mail, return receipt requested, to the unit occupied
by the lessee and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
(d) Nothing in this Section 9-104.2 is intended to confer upon a Board of
Managers any greater authority with respect to possession of a unit after a
judgment than was previously established by this Act.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-104.3
(735 ILCS 5/9-104.3) (from Ch. 110, par. 9-104.3)
Sec. 9-104.3.
Applicability of Article.
All common interest
community associations electing
pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this
Article made applicable to such association shall follow the same
procedures and have the same rights and responsibilities as condominium
associations under this Article.
(Source: P.A. 84-1308.)
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735 ILCS 5/9-105
(735 ILCS 5/9-105) (from Ch. 110, par. 9-105)
Sec. 9-105.
Growing crops.
In case of forfeiture under contract of purchase, the
purchaser shall be entitled to cultivate and gather the crops, if any,
planted by him or her and grown or growing on the premises at the time of the
filing of the action, and shall have the right to enter for the
purpose of removing such crops, first paying or tendering to the party
entitled to the possession a reasonable compensation for such use of the
land before removing such crops.
(Source: P.A. 82-280.)
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735 ILCS 5/9-106
(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
Sec. 9-106.
Pleadings and evidence.
On complaint by the party or parties
entitled to
the possession of such premises being filed in the circuit court for the
county where such premises are situated, stating that such party is
entitled to the possession of such premises (describing the same with
reasonable certainty), and that the defendant (naming the defendant) unlawfully
withholds the possession thereof from him, her or them, the clerk of the
court shall issue a summons.
The defendant may under a general denial of the allegations of the
complaint offer in evidence any matter in defense of the action.
Except as otherwise provided in Section 9-120,
no
matters not germane to the distinctive purpose of the proceeding shall
be introduced by joinder, counterclaim or otherwise. However,
a claim for rent may be joined in the complaint, and judgment may be entered
for the amount of rent found due.
(Source: P.A. 90-360, eff. 1-1-98.)
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735 ILCS 5/9-106.1
(735 ILCS 5/9-106.1) (from Ch. 110, par. 9-106.1)
Sec. 9-106.1.
Action for condominium assessments not barred or waived
by acceptance of assessments for time periods not covered by demand.
An action brought under paragraph (7) of subsection (a) of Section 9-102
of this Act is neither barred nor
waived by the action of a Board of Managers in accepting payments from a
unit owner for his or her proportionate share of the common expenses or
of any other expenses lawfully agreed upon for any time period other than
that covered by the demand.
(Source: P.A. 84-1308.)
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735 ILCS 5/9-106.2 (735 ILCS 5/9-106.2) Sec. 9-106.2. Affirmative defense for violence; barring persons from property. (a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is: (1) based solely on the tenant's, lessee's, or | | household member's status as a victim of domestic violence or sexual violence as those terms are defined in Section 10 of the Safe Homes Act, stalking as that term is defined in the Criminal Code of 2012, or dating violence;
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| (2) based solely upon an incident of actual or
| | threatened domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member;
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| (3) based solely upon criminal activity directly
| | relating to domestic violence, dating violence, stalking, or sexual violence engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control, and against the tenant, lessee, or household member; or
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| (4) based upon a demand for possession pursuant to
| | subsection (f) where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises.
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| (b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services.
(c) Nothing in subsection (a) shall prevent the landlord from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the violence referred to in subsection (a).
(d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property.
(e) Nothing in subsection (a) shall prevent the landlord from seeking possession against the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based.
(f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant.
(g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property.
(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.)
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735 ILCS 5/9-106.3 (735 ILCS 5/9-106.3) Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status. (a) It is an affirmative defense to an action maintained under this Article if the court finds that: (1) the landlord's demand for possession is based | | solely or in part on the citizenship or immigration status of the tenant; or
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| (2) the landlord's demand for possession is based
| | solely or in part on the tenant's failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord, and the lease with the tenant has commenced, and the tenant has taken possession.
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| (b) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order.
(c) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant.
(d) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law.
(e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.
(Source: P.A. 101-439, eff. 8-21-19.)
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735 ILCS 5/9-107
(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
Sec. 9-107. Constructive service. If the plaintiff, his or her agent,
or attorney files an eviction action, with or without joinder of a claim for rent in the
complaint, and is unable to obtain personal service on the
defendant or unknown occupant and a summons duly issued in such action is returned
without service stating that service can not be obtained, then the
plaintiff, his or her agent or attorney may file an affidavit stating that the
defendant or unknown occupant is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this
State so that process cannot be served upon him or her, and also stating the
place of residence of the defendant or unknown occupant, if known, or if
not known, that
upon diligent inquiry the affiant has not been able to ascertain the
defendant's or unknown occupant's place of residence, then in all such eviction
cases
whether or not a claim for rent is joined with the complaint for
possession, the defendant or unknown occupant may be notified by posting
and mailing of
notices; or by publication and mailing, as provided for in
Section 2-206 of this Act. However, in cases where the defendant or unknown
occupant is notified by
posting and mailing of notices or by publication and mailing, and the
defendant or unknown occupant does not appear generally, the court may rule
only on the
portion of the complaint which seeks an eviction order, and the
court shall not enter judgment as to any rent claim joined in the
complaint or enter personal judgment for any amount owed by a unit owner
for his or her proportionate share of the common expenses, however, an in
rem judgment may be entered against the unit for the amount of common expenses
due, any other expenses lawfully agreed upon or the amount of any unpaid
fine, together with reasonable attorney fees, if any, and costs. The claim
for rent may remain pending until such time as the
defendant or unknown occupant appears generally or is served with summons, but the eviction order shall be final, enforceable and appealable if the court makes
an express written finding that there is no just reason for delaying
enforcement or appeal, as provided by Supreme Court rule of this State.
Such notice shall be in the name of the clerk of the court, be
directed to the defendant or unknown occupant, shall state the nature of the cause against
the defendant or unknown occupant and at whose instance issued and the time and place for
trial, and shall also state that unless the defendant or unknown occupant appears at the
time and place fixed for trial, judgment will be entered by default, and
shall specify the character
of the judgment that will be entered in such cause. The sheriff shall
post 3 copies of the notice in 3 public places in the neighborhood of
the court where the cause is to be tried, at least 10 days prior to the
day set for the appearance, and, if the place of residence of the
defendant or unknown occupant is stated in any affidavit on file, shall at the
same time
mail one copy of the notice addressed to such defendant or unknown occupant at
such place of
residence shown in such affidavit. On or before the day set for the
appearance, the sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and to whom and
at what address he or she mailed copies as required by this Section. For want
of sufficient notice any cause may be continued from time to time until
the court has jurisdiction of the defendant or unknown occupant.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-107.5
(735 ILCS 5/9-107.5)
Sec. 9-107.5. Notice to unknown occupants.
(a) Service of process upon an
unknown
occupant may be had by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or person of the age
of 13
or upwards occupying the premises.
(b) If unknown occupants are not named in the initial
summons
and complaint and an eviction order in favor of the plaintiff is
entered, but the
order does not include unknown occupants and the sheriff determines
when
executing the eviction order that persons not included in the
order are
in possession of the premises, then the sheriff shall leave with a person of
the age of 13
years or upwards occupying the premises, a copy of the order, or
if no one is present in the premises to accept the order or refuses
to accept
the order, then by posting a copy of the order on the
premises. In
addition to leaving a copy of the order or posting of the
order, the
sheriff shall also
leave or post a notice addressed to "unknown occupants" that states unless any
unknown
occupants file a written petition with the clerk that sets forth the unknown
occupant's
legal claim for possession within 7 days of the date the notice is posted or
left with any
unknown occupant, the unknown occupants shall be evicted from the premises. If
any
unknown occupants file such a petition, a hearing on the merits of the unknown
occupant's
petition shall be held by the court within 7 days of the filing of the petition
with the clerk.
The unknown occupants shall have the burden of proof in establishing a legal
right to
continued possession.
(c) The plaintiff may obtain an eviction order only and not for rent
as
to any
unknown occupants.
(d) Nothing in this Section may be construed so as to vest any rights to
persons
who are criminal trespassers, nor may this Section be construed in any way
that interferes
with the ability of law enforcement officials removing persons or property from
the
premises when there is a criminal trespass.
(Source: P.A. 100-173, eff. 1-1-18 .)
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