HB1209 EngrossedLRB097 07717 AJO 47828 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-209 as follows:
 
6    (735 ILCS 5/9-209)  (from Ch. 110, par. 9-209)
7    Sec. 9-209. Demand for rent - Action for possession. A
8landlord or his or her agent may, any time after rent is due,
9demand payment thereof and notify the tenant, in writing, that
10unless payment is made within a time mentioned in such notice,
11not less than 5 days after service thereof, the lease will be
12terminated. If the tenant does not within the time mentioned in
13such notice, pay the rent due, the landlord may consider the
14lease ended, and sue for the possession under the statute in
15relation to forcible entry and detainer, or maintain ejectment
16without further notice or demand. A claim for rent may be
17joined in the complaint, including a request for the pro rata
18amount of rent due for any period that a judgment is stayed,
19and a judgment obtained for the amount of rent found due, in
20any action or proceeding brought, in an action of forcible
21entry and detainer for the possession of the leased premises,
22under this Section.
23    Notice made pursuant to this Section shall, as hereinafter

 

 

HB1209 Engrossed- 2 -LRB097 07717 AJO 47828 b

1stated, not be invalidated by payments of past due rent
2demanded in the notice, when the payments do not, at the end of
3the notice period, total the amount demanded in the notice. The
4landlord may, however, agree in writing to continue the lease
5in exchange for receiving partial payment. To prevent
6invalidation, the notice must prominently state:
7    "Only FULL PAYMENT of the rent demanded in this notice will
8waive the landlord's right to terminate the lease under this
9notice, unless the landlord agrees in writing to continue the
10lease in exchange for receiving partial payment."
11    Collection by the landlord of past rent due after the
12filing of a suit for possession or ejectment pursuant to
13failure of the tenant to pay the rent demanded in the notice
14shall not invalidate the suit.
15(Source: P.A. 83-1398.)