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91_HB0761
LRB9105203DJcd
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.
10 (a) If it appears on the trial that the plaintiff is
11 entitled to the possession of the whole of the premises
12 claimed, judgment for the possession thereof and for costs
13 shall be entered in favor of the plaintiff.
14 (b) In an action commenced under this Article on or after
15 the effective date of this amendatory Act of the 91st General
16 Assembly, if the premises involved is a residence rented to
17 the defendant by the plaintiff, and if the court grants
18 judgment for possession of the whole of the premises to the
19 plaintiff, the court may not grant the defendant more than 15
20 days to quit the premises unless both parties agree to a
21 different arrangement.
22 (c) This subsection (c) does not apply to an action to
23 which subsection (b) applies. However, If the action is
24 brought under Article IX of this Code and is based upon a
25 breach of a contract entered into on or after July 1, 1962
26 for the purchase of such premises, the court, by order, may
27 stay the enforcement of the judgment for a period not to
28 exceed 60 days from the date of the judgment, or if the court
29 finds that the amount unpaid on the contract is less than 75%
30 of the original purchase price, then the court shall stay the
31 enforcement of the judgment for a period of 180 days from the
-2- LRB9105203DJcd
1 date of the judgment. The court may order a stay of less
2 than 180 days (but in no event less than 60 days) if it is
3 shown that the plaintiff, prior to the filing of the action
4 under Article IX of this Act, granted the defendant previous
5 extensions of time to pay the amounts due under the contract,
6 or for other good cause shown. If during such period of stay
7 the defendant pays the entire amount then due and payable
8 under the terms of the contract other than such portion of
9 the principal balance due under the contract as would not be
10 due had no default occurred and costs and, if the contract
11 provides therefor, reasonable attorney's fees as fixed by the
12 court, and cures all other defaults then existing, the
13 contract shall remain in force the same as if no default had
14 occurred. The relief granted to a defendant by this Section
15 shall not be exhausted by a single use thereof but shall not
16 be again available with respect to the same contract for a
17 period of 5 years from the date of such judgment. Whenever
18 defendant cures the default under the contract pursuant to
19 this Section, the defendant may within the period of stay
20 file a motion to vacate the judgment in the court in which
21 the judgment was entered, and, if the court, upon the hearing
22 of such motion, is satisfied that such default has been
23 cured, such judgment shall be vacated. Unless defendant
24 files such motion to vacate in the court or the judgment is
25 otherwise stayed, enforcement of the judgment may proceed
26 immediately upon the expiration of such period of stay and
27 all rights of the defendant in and to the premises and in and
28 to the real estate described in the contract are terminated.
29 (d) Nothing herein contained shall be construed as
30 affecting the right of a seller of such premises to any
31 lawful remedy or relief other than that provided by Part 1 of
32 Article IX of this Act.
33 (Source: P.A. 85-907.)