97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3062

 

Introduced 2/23/2011, by Rep. Ann Williams

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 705/9 new

    Amends the Landlord and Tenant Act. Provides that a landlord shall make a good faith effort to timely disclose by written notice given to each residential or commercial tenant following, or in anticipation of, a significant change concerning the property at which the leased premises is located by stating that the property: is the subject of a foreclosure action, the control of the property has changed or will change, and that the tenant may terminate, without penalty, the lease upon 90 days' written notice; is for sale or has been sold; or that the premises are or will be under different management. Provides that, if the property where the leased premises is located is in foreclosure, a tenant may terminate, without penalty, the lease upon 90 days' written notice to the landlord. Provides that a landlord shall make a good faith effort to disclose in a timely manner to each prospective residential or commercial tenant who is considering leasing premises that the property at which the premises is located: is the subject of a foreclosure action; is for sale or has been sold; or will be under different management.


LRB097 07028 AJO 47121 b

 

 

A BILL FOR

 

HB3062LRB097 07028 AJO 47121 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 Landlord and Tenant Act is amended by adding
5Section 9 as follows:
 
6    (765 ILCS 705/9 new)
7    Sec. 9. Notice to tenant and prospective tenant.
8    (a) A landlord shall make a good faith effort to disclose
9by written notice given in a timely manner to each residential
10or commercial tenant following, or in anticipation of, a
11significant change concerning the premises, as described in
12paragraph (1), (2), or (3), that the real estate at which the
13leased premises is located:
14        (1) is the subject of a foreclosure action (including
15    the name of the case, the case number, and the court where
16    the foreclosure action is pending); whether the control of
17    the real estate in foreclosure has or will change; and that
18    the tenant, upon notice to the landlord, may terminate the
19    lease, without penalty, after giving the landlord 90 days'
20    written notice of the termination under this Section;
21        (2) will be offered for sale or that the property has
22    been sold; or
23        (3) will be under different management or that the

 

 

HB3062- 2 -LRB097 07028 AJO 47121 b

1    property now has different management.
2    (b) If the real estate at which the leased premises is
3located is the subject of a foreclosure action, the tenant may
4terminate the lease, without penalty, by giving 90 days'
5written notice of the termination.
6    (c) A landlord shall make a good faith effort to disclose
7in a timely manner to each prospective residential or
8commercial tenant who is considering leasing premises from the
9landlord that the real estate at which the premises is located
10has been or will be significantly affected by any of the
11following:
12        (1) the property is the subject of a foreclosure action
13    (including the name of the case, the case number, and the
14    court where the foreclosure action is pending);
15        (2) the control of the real estate will change;
16        (3) the property will be offered for sale or the
17    property has been sold; or
18        (4) the property will be under different management.