(740 ILCS 40/11) (from Ch. 100 1/2, par. 24)
Sec. 11.
(a) If any lessee or occupant, on one or more occasions, shall
use leased premises for the purpose of unlawful possessing, serving,
storing, manufacturing, cultivating, delivering, using, selling or giving
away controlled substances or shall permit them to be used for any such
purposes, the lease or contract for letting such premises shall, at the
option of the lessor or the lessor's assignee, become void, and the owner
or the owner's assignee may notify the lessee or occupant by posting a
written notice
at the premises requiring the lessee or occupant to vacate the leased premises
on or before a
date 5 days after the giving of the notice. The notice shall state
the basis for its issuance on forms provided by the circuit court clerk of the
county in which the real property is located. The owner or owner's assignee
may have the like remedy to recover possession
thereof as against a tenant holding over after the expiration of his term.
The owner or lessor may bring an eviction action, or
assign to the State's Attorney of the county in which the real property is
located the right to bring an eviction action on behalf
of the owner or lessor, against the lessee and all occupants of the leased
premises. The assignment must be in writing on a form prepared by the
State's Attorney of the county in which the real property is located. If
the owner or lessor assigns the right to bring an eviction action, the assignment shall be limited to those rights and duties
up to and including delivery of the order of eviction to the sheriff for
execution. The owner or lessor remains liable for the cost of the eviction
whether or not the right to bring the eviction action
has been assigned.
(b) If a controlled substance is found or used anywhere in the premises of
an apartment, there is a rebuttable presumption that the controlled
substance was either used or possessed by a lessee or occupant or that a
lessee or occupant permitted the premises to be used for that use or
possession. A person shall not forfeit his or her security deposit or any
part of the security deposit due solely to an eviction under the provisions
of the Act.
(c) If a lessor or the lessor's assignee voids a contract under the
provisions of this Section, and a tenant or occupant has not vacated the
premises within 5 days after receipt of a written notice to vacate the
premises, the lessor or the lessor's assignee may seek relief under Article
IX of the Code of Civil Procedure. Notwithstanding Sections 9-112, 9-113
and 9-114 of the Code of Civil Procedure, judgment for costs
against the plaintiff seeking eviction under this Section
shall not be awarded to the defendant unless the action was brought by the
plaintiff in bad faith. An eviction action under this Section
shall not be deemed to be in bad faith if the plaintiff based his or her
cause of action on information provided to him or her by a law enforcement
agency or the State's Attorney.
(Source: P.A. 100-173, eff. 1-1-18.)
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