(765 ILCS 745/3) (from Ch. 80, par. 203)
Sec. 3. Definitions. Unless otherwise expressly defined, all terms in
this Act shall be construed to have their ordinarily accepted meanings or
such meaning as the context therein requires.
(a) "Person" means any legal entity, including but not limited to, an
individual, firm, partnership, association, trust, joint stock company,
corporation or successor of any of the foregoing.
(b) "Manufactured home" means a factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a "manufactured home" as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term excludes campers and recreational vehicles. The words "mobile home" and "manufactured home" are synonymous for the purposes of this Act.
(c) "Mobile Home Park" or "Park" means a tract of land or 2 contiguous tracts of land that contain sites with the necessary utilities for 5 or more mobile homes or manufactured homes. A mobile home park may be operated either free of charge or for revenue purposes.
(d) "Park Owner" means the owner of a mobile home park and any person
authorized to exercise any aspect of the management of the premises, including
any person who directly or indirectly receives rents and has no obligation
to deliver the whole of such receipts to another person.
(e) "Tenant" means any person who occupies a mobile home rental unit for
dwelling purposes or a lot on which he parks a mobile home for an agreed
upon consideration.
(f) "Rent" means any money or other consideration given for the right
of use, possession and occupancy of property, be it a lot, a mobile home, or both.
(g) "Master antenna television service" means any and all services
provided by or through the facilities of any closed circuit coaxial cable
communication system, or any microwave or similar transmission services
other than a community antenna television system as defined in Section
11-42-11 of the Illinois Municipal Code.
(h) "Authority having jurisdiction" means the Illinois Department of Public Health or a unit of local government specifically authorized by statute, rule, or ordinance to enforce this Act or any other statute, rule, or ordinance applicable to the mobile home park or manufactured home community. (i) "Managing agent" means any person or entity responsible for the operation, management, or maintenance of a mobile home park or manufactured home community. (Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(765 ILCS 745/6.3) Sec. 6.3. Temporary Tenant. If a tenant suffers from an illness or disability that requires the tenant to temporarily leave the mobile home park, the park owner shall allow a relative or relatives, designated by the tenant or the tenant's legal guardian or representative, to live in the home for a period of up to 90 days as temporary occupants if the following conditions are met: (1) The tenant must provide documentation of the |
| disability or illness by a licensed physician dated within the past 60 days;
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(2) The temporary occupant must meet all
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| qualifications other than financial, including age in a community that provides housing for older persons, and the terms of the lease and park rules must continue to be met; as used in this item (2), "housing for older persons" has the meaning ascribed to that term in Section 3-106 of the Illinois Human Rights Act; and
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(3) At least 5 days before occupancy, the temporary
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| occupant must submit an application for residency to the park owner by which the temporary occupant provides all information required to confirm that the temporary occupant meets community requirements.
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After the 90-day temporary occupancy period, the temporary occupant shall be required to provide documentation of ongoing financial ability to pay the costs relative to occupancy.
(Source: P.A. 95-383, eff. 1-1-08.)
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(765 ILCS 745/6.4)
Sec. 6.4. Rent Deferral Program. A tenant or co-tenants may defer, for up to one year, payment of the amount by which the rent has most recently been increased if the tenant or co-tenants provide proof of inability to pay the increased rent amount by meeting the following requirements within 30 days of the date on which the tenant or co-tenants receive either a new lease or a notice of rent increase:
(1) The tenant or co-tenants attest, by sworn |
| affidavit, that they shall diligently proceed to list their mobile home with a licensed sales entity and market it for sale;
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(2) The tenant or co-tenants attest, by sworn
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| affidavit, that the proposed new lease amount will exceed 45% of the tenant's or co-tenants' current taxable and non-taxable income, from whatever source derived; and
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(3) The tenant or co-tenants provide verification in
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| the form of a tax return and other such documents as may be required to independently verify the annual income and assets of the tenant or co-tenants.
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If the tenant or co-tenants meet the above requirements, the tenant or co-tenants may continue to reside in the mobile home for a period of up to 12 months or the date on which the tenant or co-tenants sell the mobile home to a new tenant approved by the park owner, whichever date is earlier. The tenant or co-tenants must remain current on all rent payments at the rental amount due before the notice of the rent increase. The tenant or co-tenants shall be required to pay, upon sale of the home, the deferred rent portion which represents the difference between the actual monthly rental amount paid starting from the effective date of the rent increase and the monthly amount due per the rent increase notice without any additional interest or penalty charges.
(Source: P.A. 95-383, eff. 1-1-08.)
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(765 ILCS 745/6.5) (Text of Section before amendment by P.A. 102-737) Sec. 6.5. Disclosure. A park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park or manufactured home community: (1) the rent charged for the mobile home or lot in |
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(2) the park owner's responsibilities with respect to
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(3) information regarding any fees imposed in
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| addition to the base rent;
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(4) information regarding late payments;
(5) information regarding any privilege tax that is
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(6) information regarding security deposits,
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| including the right to the return of security deposits and interest as provided in Section 18 of this Act;
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(7) information on a 3-year rent increase projection
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| which includes the 2 years of the lease and the year immediately following. The basis for such rent increases may be a fixed amount, a "not to exceed" amount, a formula, an applicable index, or a combination of these methodologies as elected by the park owner. These increases may be in addition to all the non-controllable expenses including, but not limited to, property taxes, government assessments, utilities, and insurance;
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(8) the name of the legal entity that owns the
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| manufactured home community or mobile home park, and either: (a) the name, address, and telephone number of the property manager or designated agent for the manufactured home community or mobile home park; or (b) the address and telephone number of the legal entity that owns the manufactured home community or mobile home park, if the manufactured home community or mobile home park does not have a property manager or designated agent; and
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(9) information contained in any inspection notice
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| required to be posted under subsection (b) of Section 6.7 of this Act.
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The park owner must update the written disclosure at least once per year. The park owner must advise tenants who are renewing a lease of any changes in the disclosure from any prior disclosure. Within 20 days after the closing of a purchase and sale of a manufactured home community or mobile home park that results in a change in the owner, the purchaser or the representative of the purchaser must provide written notice to each homeowner of the new owner and either: (i) the name, address, and telephone number of the property manager or designated agent for the manufactured home community or mobile home park; or (ii) the address and telephone number of the legal entity that owns the manufactured home community or mobile home park if the manufactured home community or mobile home park does not have a property manager or designated agent. The written notice may be provided by hand delivery to the resident's home, by United States mail or a recognized courier service, by posting in the office of the custodian of the park or in the clubhouse or other area of the park where park residents gather, or by posting on a community bulletin board.
The changes to this Section by this amendatory Act of the 98th General Assembly apply to disclosures made and changes of ownership that take place on or after January 1, 2015.
(Source: P.A. 98-1062, eff. 1-1-15.)
(Text of Section after amendment by P.A. 102-737)
Sec. 6.5. Disclosure. A park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park or manufactured home community:
(1) the rent charged for the mobile home or lot in
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(2) the park owner's responsibilities with respect to
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(3) information regarding any fees imposed in
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| addition to the base rent;
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(4) information regarding late payments;
(5) information regarding any privilege tax that is
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(6) information regarding security deposits,
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| including the right to the return of security deposits and interest as provided in Section 18 of this Act;
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(7) information on a 3-year rent increase projection
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| which includes the 2 years of the lease and the year immediately following. The basis for such rent increases may be a fixed amount, a "not to exceed" amount, a formula, an applicable index, or a combination of these methodologies as elected by the park owner. If a formula is used, the formula shall include the total fixed amount determined by the formula, and, if applicable, the "not to exceed" amount. These increases may be in addition to all the non-controllable expenses including, but not limited to, property taxes, government assessments, utilities, and insurance;
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(8) the contact information of the legal entity that
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| owns the manufactured home community or mobile home park or, if applicable, the contact information of the property manager or designated agent for the manufactured home community or mobile home park;
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(9) information contained in any inspection notice
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| required to be posted under subsection (b) of Section 6.7 of this Act; and
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(10) information notifying a tenant that the tenant's
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| right to trial by jury shall not be waived.
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The park owner must update the written disclosure at least once per year. The park owner must advise tenants who are renewing a lease of any changes in the disclosure from any prior disclosure. Within 20 days after the closing of a purchase and sale of a manufactured home community or mobile home park that results in a change in the owner, the purchaser or the representative of the purchaser must provide written notice to each homeowner of the new owner and either: (i) the name, address, and telephone number of the property manager or designated agent for the manufactured home community or mobile home park; or (ii) the address and telephone number of the legal entity that owns the manufactured home community or mobile home park if the manufactured home community or mobile home park does not have a property manager or designated agent. The written notice may be provided by hand delivery to the resident's home, by United States mail or a recognized courier service, by posting in the office of the custodian of the park or in the clubhouse or other area of the park where park residents gather, or by posting on a community bulletin board.
The changes to this Section by this amendatory Act of the 98th General Assembly apply to disclosures made and changes of ownership that take place on or after January 1, 2015.
The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to disclosures made and changes of ownership that take place on or after January 1, 2023.
(Source: P.A. 102-737, eff. 1-1-23.)
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(765 ILCS 745/6.7) Sec. 6.7. Violations; inspection reports; postings; penalty. (a) Any nonconformance with a statute, rule, or ordinance applicable to the mobile home park or manufactured home community constitutes a violation. The authority having jurisdiction shall identify violations in an inspection report. The inspection report shall be served upon the park owner or managing agent in person or by certified United States mail, return receipt requested, postage prepaid. (b) The park owner or its managing agent shall post in a conspicuous place any inspection report received from the authority having jurisdiction regarding health and life safety violations as defined in rules promulgated by the Illinois Department of Public Health. The inspection report shall be posted beginning the business day after the date by which the violation or violations must be corrected as set forth in the inspection report issued by the authority having jurisdiction. The posting may be removed only when: (1) the authority having jurisdiction has issued |
| written authorization to remove the posting; or
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(2) the park owner or its managing agent has
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| corrected the violation or violations, served notice to the authority having jurisdiction that the violation or violations have been corrected by submitting such documentation or affidavit as may be necessary to substantiate the correction by certified United States mail, return receipt requested, postage prepaid, and no less than 15 days have expired from the mailing date of the notice to the authority having jurisdiction.
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(c) Nothing in this Act may be construed to diminish, impair, or otherwise affect the authority of the authority having jurisdiction to charge violations under the Mobile Home Park Act or any other statute, rule, or ordinance applicable to the mobile home park or manufactured home community.
(d) Failure to comply with the requirements of this Section subjects the park owner or managing agent to a $250 penalty. The penalty shall be payable to the authority having jurisdiction which issued the inspection report citing violations.
(e) For purposes of enforcement of this Section by the Illinois Department of Public Health, the Illinois Administrative Procedure Act is hereby expressly adopted. The Illinois Department of Public Health has the authority to promulgate rules to enforce this Section.
(f) For purposes of enforcement of this Section by any authority having jurisdiction other than the Illinois Department of Public Health, the authority having jurisdiction has the authority to adopt ordinances to enforce this Section.
(Source: P.A. 98-1062, eff. 1-1-15.)
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(765 ILCS 745/8) (from Ch. 80, par. 208)
Sec. 8. Renewal of Lease. (a) Every lease of a mobile home or lot in a mobile
home park shall contain an option which automatically renews the
lease; unless: (1) the tenant shall notify the owners 30 days prior |
| to the expiration of the lease that he does not intend to renew the lease;
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(2) the park owner shall notify the tenant 30 days
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| prior to the expiration of the lease that the lease will not be renewed and specify in writing the reasons, such as violations of park rules, health and safety codes or irregular or non-payment of rent;
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(3) the park owner elects to cease the operation of
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| either all or a portion of the mobile home park; or
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(4) the park owner seeks to change the terms of the
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| agreement pursuant to subsection (b) in which case the procedures set forth in subsection (b) shall apply, unless the only change is in the amount of rent, in which case it is sufficient if the park owner provides a letter notice to the tenant stating the changed rent amount; any notice of a change in the amount of rent shall advise the tenant that the tenant will be given a copy of the lease, upon request, at no charge and that no other changes in the lease are allowed.
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(b) If there is no change in the lease, the park owner must provide the tenant with a letter notice stating there will be no change in the lease terms unless a new lease is signed. If there is a change in the rent, the park owner must offer to provide the tenant a copy of the lease without charge upon request.
(c) All notices required under this Section shall be by first class mail or
personal service.
(Source: P.A. 95-383, eff. 1-1-08.)
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(765 ILCS 745/9) (from Ch. 80, par. 209)
(Text of Section before amendment by P.A. 102-737)
Sec. 9. The Terms of Fees and Rents. The terms for payment of rent shall
be clearly set forth and all charges for services, ground or lot rent, unit
rent, or any other charges shall be specifically itemized in the lease and
in all billings of the tenant by the park owner.
The owner shall not change the rental terms nor increase the cost of fees,
except as provided herein.
The park owner shall not charge a transfer or selling fee as a condition
of sale of a mobile home that is going to remain within the park unless
a service is rendered.
Rents charged to a tenant by a park owner may be increased upon the
renewal of a lease. Notification of an increase shall be delivered 90 days
prior to expiration of the lease.
The park owner shall not charge or impose upon a tenant any fee or increase in rent which reflects the cost to the park owner of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the park owner, including any attorney's fees and costs incurred by the park owner in connection therewith unless the fine, forfeiture, penalty, money damages, or fee was incurred as a result of the tenant's actions.
(Source: P.A. 95-383, eff. 1-1-08.)
(Text of Section after amendment by P.A. 102-737)
Sec. 9. The Terms of Fees and Rents. The terms for payment of rent shall
be clearly set forth and all charges for services, ground or lot rent, unit
rent, or any other charges shall be specifically itemized in the lease and
in all billings of the tenant by the park owner.
The owner shall not change the rental terms nor increase the cost of fees,
except as provided herein.
The park owner shall not charge a transfer or selling fee as a condition
of sale of a mobile home that is going to remain within the park unless
a service is rendered.
Rents charged to a tenant by a park owner may be increased upon the
renewal of a lease. Notification of an increase shall be delivered 90 days
prior to expiration of the lease.
The park owner shall not charge or impose upon a tenant any fee or increase in rent which reflects the cost to the park owner of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the park owner, including any attorney's fees and costs incurred by the park owner in connection therewith unless the fine, forfeiture, penalty, money damages, or fee was incurred as a result of the tenant's actions. The park owner shall not charge or impose a pet fee upon a resident that owns the home, unless a service related to the pet is offered by the park owner and accepted by the resident. A tenant of a home owned by the park owner may be subject to the imposition of a pet fee as agreed to in the lease.
(Source: P.A. 102-737, eff. 1-1-23.)
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(765 ILCS 745/11) (from Ch. 80, par. 211)
Sec. 11.
Provisions of mobile home park leases.
Any lease hereafter
executed or currently existing between an owner and tenant in a mobile home
park in this State shall also contain, or shall be made to contain, the
following covenants binding the owner at all times during the term of the
lease to:
(a) identify to each tenant prior to his occupancy |
| the lot area for which he will be responsible;
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(b) keep all exterior property areas not in the
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| possession of a tenant, but part of the mobile home park property, free from the species of weeds and plant growth which are generally noxious or detrimental to the health of the tenants;
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(c) maintain all electrical, plumbing, gas or other
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| utilities provided by him in good working condition with the exception of emergencies after which repairs must be completed within a reasonable period of time;
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(d) maintain all subsurface water and sewage lines
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| and connections in good working order;
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(e) respect the privacy of the tenants and if only
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| the lot is rented, agree not to enter the mobile home without the permission of the mobile home owner, and if the mobile home is the property of the park owner, to enter only after due notice to the tenant, provided, the park owner or his representative may enter without notice in emergencies;
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(f) maintain all roads within the mobile home park in
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(g) include a statement of all services and
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| facilities which are to be provided by the park owner for the tenant, e.g. lawn maintenance, snow removal, garbage or solid waste disposal, recreation building, community hall, swimming pool, golf course, laundromat, etc.;
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(h) disclose the full names and addresses of all
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| individuals in whom all or part of the legal or equitable title to the mobile home park is vested, or the name and address of the owners' designated agent;
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(i) provide a custodian's office and furnish each
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| tenant with the name, address and telephone number of the custodian and designated office.
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(Source: P.A. 90-655, eff. 7-30-98.)
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(765 ILCS 745/12) (from Ch. 80, par. 212)
Sec. 12. Lease prohibitions. No lease hereafter executed or currently
existing between a park owner and tenant in a mobile home park or manufactured home community in this State
shall contain any provision:
(a) Permitting the park owner to charge a penalty fee |
| for late payment of rent without allowing a tenant a minimum of 5 days beyond the date the rent is due in which to remit such payment;
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(b) Permitting the park owner to charge an amount in
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| excess of one month's rent as a security deposit;
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(c) Requiring the tenant to pay any fees not
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(d) Permitting the park owner to transfer, or move, a
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| mobile home to a different lot, including a different lot in the same mobile home park or manufactured home community, during the term of the lease;
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(e) Waiving the homeowner's right to a trial by jury.
If one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease.
(Source: P.A. 98-1062, eff. 1-1-15.)
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(765 ILCS 745/16) (from Ch. 80, par. 216)
Sec. 16. Improper grounds for eviction. The following conduct by a tenant
shall not constitute grounds for eviction or termination of the lease,
nor shall an eviction order be entered against a tenant:
(a) As a reprisal for the tenant's effort to secure |
| or enforce any rights under the lease or the laws of the State of Illinois, or its governmental subdivisions of the United States;
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(b) As a reprisal for the tenant's good faith
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| complaint to a governmental authority of the park owner's alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes;
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(c) As a reprisal for the tenant's being an organizer
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| or member of, or involved in any activities relative to a homeowners' association;
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(d) As a reprisal for or on the basis of the tenant's
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| immigration or citizenship status.
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(Source: P.A. 101-439, eff. 8-21-19; 102-558, eff. 8-20-21.)
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(765 ILCS 745/18) (from Ch. 80, par. 218)
Sec. 18. Security deposit; Interest.
(a) If the lease requires
the tenant to provide
any deposit with the park owner for the term of the lease, or any part thereof,
said deposit shall be considered a Security Deposit. Security Deposits
shall be returned in full to the tenant, provided that the tenant has paid
all rent due in full for the term of the lease and has caused no actual
damage to the premises.
The park owner shall furnish the tenant, within 15 days after termination
or expiration of the lease, an itemized list of the damages incurred upon
the premises and the estimated cost for the repair of each item.
The tenant's failure to object to the itemized list within 15 days shall
constitute an agreement upon the amount of damages specified therein. The
park owner's failure to furnish such itemized list of damages shall constitute
an agreement that no damages have been incurred
upon the premises and the entire security deposit shall become immediately
due and owing to the tenant.
The tenant's failure to furnish the park owner a forwarding address shall
excuse the park owner from furnishing the list required by this Section.
(b) A park owner of any park regularly containing 25 or more mobile
homes shall pay interest to
the tenant, on any deposit held by the park owner, computed from the date
of the deposit
at a rate equal to the interest paid by the largest commercial bank,
as measured by total assets, having its main banking premises in this State
on minimum deposit passbook savings accounts as of December 31 of the preceding
year on any such deposit held by the
park owner for more than 6 months.
However, in the event that any portion of the amount deposited is
utilized during the period for which it is deposited in order to compensate
the owner for non-payment of rent or to make a good faith reimbursement to
the owner for damage caused by the tenant, the principal on which the
interest accrues may be recomputed to reflect the reduction for the period
commencing on the first day of the calendar month following the reduction.
The park owner shall, within 30 days after the end of
each 12-month period, pay to the tenant any interest owed under this
Section in cash, provided, however, that the amount owed may be applied to
rent due if the owner and tenant agree thereto.
A park owner who willfully fails or refuses to pay the interest required
by this Act shall, upon a finding by a circuit court that he willfully
failed or refused to pay, be liable for an amount equal to the amount of
the security deposit, together with court costs and a reasonable attorney's
fee. (c) A park owner, as landlord, shall hold in trust all security deposits received from a tenant in one or more banks, savings banks, or credit unions, the accounts of which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration Share Insurance Fund, or other applicable entity under law. A security deposit and the interest due under subsection (b) of this Section is the property of the tenant until the deposit is returned to the tenant or used to compensate, or applied to the tenant's obligations to, the park owner, as landlord, in accordance with the lease or applicable State and local law. The security deposit shall not be commingled with the assets of the park owner, and shall not be subject to the claims of any creditor of the park owner or any party claiming an interest in the deposit through the park owner, including a foreclosing mortgagee or trustee in bankruptcy; provided that this subsection does not prevent a foreclosing mortgagee, receiver, or trustee from taking over control of the applicable bank account holding the security deposits, which may include moving the security deposits to another bank account meeting the requirements of this Section, provided that the mortgagee, receiver, or trustee: (1) shall continue to hold the security deposits in |
| trust as provided in, and subject to, the provisions of this Section; and
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(2) is entitled to use a security deposit to
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| compensate, and apply a security deposit to discharge the obligations of the tenant to, the park owner as permitted by the lease or applicable State and local law.
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(Source: P.A. 98-1062, eff. 1-1-15.)
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(765 ILCS 745/20) (from Ch. 80, par. 220)
Sec. 20.
Gifts, Donations, Bonus, Gratuity, Etc.
(a) Any park owner who,
directly or indirectly, receives, collects or accepts from any person
any donation, gratuity, bonus or gift, in addition to lawful charges, upon
the representation that compliance with the request or demand will facilitate,
influence or procure an advantage in entering into an agreement, either
oral or written, for the lease or rental of real property, or contract of
sale of a mobile home, or any park owner or his representative, who refuses
to enter into such lease or contract of sale unless he receives, directly
or indirectly, a donation, gratuity, bonus or gift, or any park owner or
his representative who directly or indirectly aids, abets, requests or authorizes
any other person to violate any provision of this Section, commits a violation
of this Act.
(b) Any person who pays such donation, gratuity, bonus or gift may recover
twice its value, together with costs of the action, against any such person
in violation of this Section.
(Source: P.A. 81-637.)
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