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90_HB3350
735 ILCS 5/9-110 from Ch. 110, par. 9-110
Amends the Forcible Entry and Detainer Article of the
Code of Civil Procedure. Provides that if the court enters
judgment for possession of leased premises against a
defendant lessee who is more than 30 days in arrears in
paying rent, the court shall not stay enforcement of the
judgment for any period in excess of 14 days.
LRB9010063SMpk
LRB9010063SMpk
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 9-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 9-110 as follows:
7 (735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
8 Sec. 9-110. Judgment for whole premises - Stay of
9 enforcement. If it appears on the trial that the plaintiff
10 is entitled to the possession of the whole of the premises
11 claimed, judgment for the possession thereof and for costs
12 shall be entered in favor of the plaintiff. If the court
13 enters judgment for possession of leased premises against a
14 defendant lessee who is more than 30 days in arrears in
15 paying rent, the court shall not stay enforcement of the
16 judgment for any period in excess of 14 days. However, if the
17 action is brought under Article IX of this Code and is based
18 upon a breach of a contract entered into on or after July 1,
19 1962 for the purchase of such premises, the court, by order,
20 may stay the enforcement of the judgment for a period not to
21 exceed 60 days from the date of the judgment, or if the court
22 finds that the amount unpaid on the contract is less than 75%
23 of the original purchase price, then the court shall stay the
24 enforcement of the judgment for a period of 180 days from the
25 date of the judgment. The court may order a stay of less
26 than 180 days (but in no event less than 60 days) if it is
27 shown that the plaintiff, prior to the filing of the action
28 under Article IX of this Act, granted the defendant previous
29 extensions of time to pay the amounts due under the contract,
30 or for other good cause shown. If during such period of stay
31 the defendant pays the entire amount then due and payable
-2- LRB9010063SMpk
1 under the terms of the contract other than such portion of
2 the principal balance due under the contract as would not be
3 due had no default occurred and costs and, if the contract
4 provides therefor, reasonable attorney's fees as fixed by the
5 court, and cures all other defaults then existing, the
6 contract shall remain in force the same as if no default had
7 occurred. The relief granted to a defendant by this Section
8 shall not be exhausted by a single use thereof but shall not
9 be again available with respect to the same contract for a
10 period of 5 years from the date of such judgment. Whenever
11 defendant cures the default under the contract pursuant to
12 this Section, the defendant may within the period of stay
13 file a motion to vacate the judgment in the court in which
14 the judgment was entered, and, if the court, upon the hearing
15 of such motion, is satisfied that such default has been
16 cured, such judgment shall be vacated. Unless defendant
17 files such motion to vacate in the court or the judgment is
18 otherwise stayed, enforcement of the judgment may proceed
19 immediately upon the expiration of such period of stay and
20 all rights of the defendant in and to the premises and in and
21 to the real estate described in the contract are terminated.
22 Nothing herein contained shall be construed as affecting
23 the right of a seller of such premises to any lawful remedy
24 or relief other than that provided by Part 1 of Article IX of
25 this Act.
26 (Source: P.A. 85-907.)