Sen. Dave Syverson

Filed: 3/19/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3299

2    AMENDMENT NO. ______. Amend Senate Bill 3299 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 9-120 as follows:
 
6    (735 ILCS 5/9-120)
7    Sec. 9-120. Leased premises used in furtherance of a
8criminal offense; lease void at option of lessor or assignee.
9    (a) If any lessee or occupant, on one or more occasions,
10uses or permits the use of leased premises for the commission
11of any act that would constitute a felony or a Class A
12misdemeanor under the laws of this State, the lease or rental
13agreement shall, at the option of the lessor or the lessor's
14assignee become void, and the owner or lessor shall be entitled
15to recover possession of the leased premises as against a
16tenant holding over after the expiration of his or her term. A

 

 

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1written lease shall notify the lessee that if any lessee or
2occupant, on one or more occasions, uses or permits the use of
3the leased premises for the commission of a felony or Class A
4misdemeanor under the laws of this State, the lessor shall have
5the right to void the lease and recover the leased premises.
6Failure to include this language in a written lease or the use
7of an oral lease shall not waive or impair the rights of the
8lessor or lessor's assignee under this Section or the lease.
9This Section shall not be construed so as to diminish the
10rights of a lessor, if any, to terminate a lease for other
11reasons permitted under law or pursuant to the lease agreement.
12This Section shall not be construed to require a lessor to void
13a lease and recover possession of the leased premises, nor
14shall a lessor be penalized for declining to void a lease for
15the commission of an act qualifying under this Section.
16    (b) The owner or lessor may bring a forcible entry and
17detainer action, or, if the State's Attorney of the county in
18which the real property is located or the corporation counsel
19of the municipality in which the real property is located
20agrees, assign to that State's Attorney or corporation counsel
21the right to bring a forcible entry and detainer action on
22behalf of the owner or lessor, against the lessee and all
23occupants of the leased premises. The assignment must be in
24writing on a form prepared by the State's Attorney of the
25county in which the real property is located or the corporation
26counsel of the municipality in which the real property is

 

 

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1located, as applicable. If the owner or lessor assigns the
2right to bring a forcible entry and detainer action, the
3assignment shall be limited to those rights and duties up to
4and including delivery of the order of eviction to the sheriff
5for execution. The owner or lessor shall remain liable for the
6cost of the eviction whether or not the right to bring the
7forcible entry and detainer action has been assigned.
8    (c) A person does not forfeit any part of his or her
9security deposit due solely to an eviction under the provisions
10of this Section, except that a security deposit may be used to
11pay fees charged by the sheriff for carrying out an eviction.
12    (d) If a lessor or the lessor's assignee voids a lease or
13contract under the provisions of this Section and the tenant or
14occupant has not vacated the premises within 5 days after
15receipt of a written notice to vacate the premises, the lessor
16or lessor's assignee may seek relief under this Article IX.
17Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code,
18judgment for costs against a plaintiff seeking possession of
19the premises under this Section shall not be awarded to the
20defendant unless the action was brought by the plaintiff in bad
21faith. An action to possess premises under this Section shall
22not be deemed to be in bad faith when the plaintiff based his
23or her cause of action on information provided to him or her by
24a law enforcement agency, the State's Attorney, or the
25municipality.
26    (e) After a trial, if the court finds, by a preponderance

 

 

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1of the evidence, that the allegations in the complaint have
2been proven, the court shall enter judgment for possession of
3the premises in favor of the plaintiff and the court shall
4order that the plaintiff shall be entitled to re-enter the
5premises immediately.
6    (f) A judgment for possession of the premises entered in an
7action brought by a lessor or lessor's assignee, if the action
8was brought as a result of a lessor or lessor's assignee
9declaring a lease void pursuant to this Section, may not be
10stayed for any period in excess of 7 days by the court unless
11all parties agree to a longer period. Thereafter the plaintiff
12shall be entitled to re-enter the premises immediately. The
13sheriff or other lawfully deputized officers shall execute an
14order entered pursuant to this Section within 7 days of its
15entry, or within 7 days of the expiration of a stay of
16judgment, if one is entered.
17    (g) Nothing in this Section shall limit the rights of an
18owner or lessor to bring a forcible entry and detainer action
19on the basis of other applicable law.
20(Source: P.A. 97-236, eff. 8-2-11.)".