HB0958 97TH GENERAL ASSEMBLY

LRB097 03770 AJO 43807 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0958

Introduced 01/31/11, by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-201

from Ch. 110, par. 9-201

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning recovery of rent.

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 Code of Civil Procedure is amended by changing Section 9-201 as follows:

(735 ILCS 5/9-201) (from Ch. 110, par. 9-201)

Sec. 9-201. Recovery of rent. The The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the following instances:

1. When rent is due and in arrears on a lease for life or lives.

2. When lands are held and occupied by any person without any special agreement for rent.

3. When possession is obtained under an agreement, written or verbal, for the purchase of the premises, and before a deed is given the right to possession is terminated by forfeiture or non-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand, made in writing, by the party entitled thereto. All payments made by the vendee, or his or her representatives or assigns, may be set off against such rent.

4. When land has been sold upon a judgment of court, when the party to such judgment or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession.

5. When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor, or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession.

(Source: P.A. 83-707.)