Rep. La Shawn K. Ford

Filed: 3/8/2011

 

 


 

 


 
09700HB1209ham001LRB097 07717 AJO 52244 a

1
AMENDMENT TO HOUSE BILL 1209

2    AMENDMENT NO. ______. Amend House Bill 1209 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09700HB1209ham001- 2 -LRB097 07717 AJO 52244 a

1joined in the complaint, including a request for the pro rata
2amount of rent due for any period that a judgment is stayed,
3and a judgment obtained for the amount of rent found due, in
4any action or proceeding brought, in an action of forcible
5entry and detainer for the possession of the leased premises,
6under this Section.
7    Notice made pursuant to this Section shall, as hereinafter
8stated, not be invalidated by payments of past due rent
9demanded in the notice, when the payments do not, at the end of
10the notice period, total the amount demanded in the notice. The
11landlord may, however, agree in writing to continue the lease
12in exchange for receiving partial payment. To prevent
13invalidation, the notice must prominently state:
14    "Only FULL PAYMENT of the rent demanded in this notice will
15waive the landlord's right to terminate the lease under this
16notice, unless the landlord agrees in writing to continue the
17lease in exchange for receiving partial payment."
18    Collection by the landlord of past rent due after the
19filing of a suit for possession or ejectment pursuant to
20failure of the tenant to pay the rent demanded in the notice
21shall not invalidate the suit.
22(Source: P.A. 83-1398.)".