Illinois General Assembly - Full Text of HB1233
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Full Text of HB1233  97th General Assembly




HB1233 EnrolledLRB097 05778 AJO 45845 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 15 as follows:
6    (765 ILCS 705/15 new)
7    Sec. 15. Changing or rekeying of the dwelling unit lock.
8    (a) A lessor of a dwelling unit shall comply with the
9provisions of this Section regarding the changing or rekeying
10of the dwelling unit lock. For the purposes of this Section,
11"dwelling unit" means a room or suite of rooms used for human
12habitation and for which a lessor and a lessee have a written
13lease agreement.
14    (b) After a dwelling unit has been vacated and on or before
15the day that a new lessee takes possession of the dwelling
16unit, the lessor shall change or rekey the immediate access to
17the lessee's individual dwelling unit. For the purposes of this
18Section, "change or rekey" means:
19        (1) replacing the lock;
20        (2) replacing the locking or cylinder mechanism in the
21    lock so that a different key is used to unlock the lock;
22        (3) changing the combination on a combination or
23    digital lock;



HB1233 Enrolled- 2 -LRB097 05778 AJO 45845 b

1        (4) changing an electronic lock so that the means or
2    method of unlocking the lock is changed from the
3    immediately prior tenant; or
4        (5) otherwise changing the means of gaining access to
5    the lessee's locked individual dwelling unit so that it is
6    not identical to the prior lessee's means of gaining access
7    to the lessee's locked individual dwelling unit.
8    (c) If a lessor does not change or rekey the lock as
9required in this Section, and a theft occurs at that dwelling
10unit that is attributable to the lessor's failure to change or
11rekey the lock, the landlord is liable for any damages from the
12theft that occurs as a result of the lessor's failure to comply
13with this Section.
14    (d) The provisions of this Section do not apply if the
15lessee has obtained the right to change or rekey the dwelling
16unit lock pursuant to a written lease agreement.
17    (e) The provisions of this Section do not apply to (i) an
18apartment rental in an apartment building with 4 units or less
19when one of the units is occupied by the owner or (ii) the
20rental of a room in a private home that is owner-occupied.
21    (f) This Section applies only in counties having a
22population of more than 3,000,000.
23    Section 99. Effective date. This Act takes effect January
241, 2012.