HB2877 103RD GENERAL ASSEMBLY

LRB103 30188 LNS 56616 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2877

Introduced 2/16/2023, by Rep. Sharon Chung

SYNOPSIS AS INTRODUCED:

765 ILCS 705/7 new

Amends the Landlord and Tenant Act. Provides that a tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit: to make necessary or agreed repairs or improvements; to supply services; to conduct required inspections; to exhibit the dwelling unit to purchasers or contractors; to exhibit the dwelling unit to prospective tenants 60 days or less prior to the lease end; for practical necessity for repairs or maintenance that unexpectedly require access; to determine a tenant's compliance with the lease; or in case of emergency. Provides that the landlord shall not abuse the right of access or use it to harass. Provides for notice by the landlord, except in cases of emergency or practical necessity. Provides that a landlord may enter only at reasonable times except in case of an emergency and that an entry between 9:00 a.m. and 8:00 p.m., or at a time requested by the tenant, shall be presumed reasonable. Contains provisions regarding construction of the new provisions.

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 Landlord and Tenant Act is amended by adding Section 7 as follows:

(765 ILCS 705/7 new)

Sec. 7. Landlord access.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:

(1) to make necessary or agreed repairs, decorations, alterations, or improvements;

(2) to supply necessary or agreed services;

(3) to conduct inspections authorized or required by any governmental agency;

(4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen, or contractors;

(5) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;

(6) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require the access;

(7) to determine a tenant's compliance with provisions in the rental agreement; or

(8) in case of an emergency.

(b) The landlord shall not abuse the right of access or use it to harass the tenant.

(c) Except in cases where access is authorized by item (6) or (8) of subsection (a), the landlord shall give the tenant notice of the landlord's intent to enter of no less than 2 days. The notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the tenant. If access is required because of repair work in common facilities or other apartments, a general notice may be given by the landlord to all potentially affected tenants that entry may be required.

(d) In cases where access is authorized by item (6) or (8) of subsection (a), the landlord may enter the dwelling unit without notice or consent of the tenant. The landlord shall give the tenant notice of the entry within 2 days after the entry.

(e) The landlord may enter only at reasonable times except in case of an emergency. An entry between 9:00 a.m. and 8:00 p.m. or at any other time expressly requested by the tenant shall be presumed reasonable.

(f) Nothing in this Section shall be construed to supersede any provision of any federal or State law or any local ordinance that provides greater protections than the rights established under this Section. The rights established under this Section shall not be diminished by any State law or local ordinance.