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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/9-208
(735 ILCS 5/9-208) (from Ch. 110, par. 9-208)
Sec. 9-208. Further demand. Where a tenancy is terminated by notice, under
either of the
2 preceding sections, no further demand is necessary before
bringing an action under the statute in relation to eviction or
ejectment.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-209
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
Sec. 9-209. Demand for rent - eviction action. A landlord or his
or her agent may, any time after rent is due,
demand payment thereof and notify the tenant, in writing, that unless
payment is made within a time mentioned in such notice, not less than
5 days after service thereof, the lease will be terminated. If the tenant does not pay the rent due within the time stated in the notice under this Section, the landlord may consider the lease ended and commence an eviction or ejectment action without further notice or demand. A
claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for
the amount of rent found due, in any action or proceeding brought, in an eviction
action under this Section.
Notice made pursuant to this Section shall, as hereinafter stated, not
be invalidated by payments of past due rent demanded in the notice, when
the payments do not, at the end of the notice period, total the amount demanded
in the notice. The landlord may, however, agree in writing to continue
the lease in exchange for receiving partial payment. To prevent invalidation,
the notice must prominently state:
"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's
right to terminate the lease under this notice, unless the landlord agrees
in writing to continue the lease in exchange for receiving partial payment."
Collection by the landlord
of past rent due after the filing of a suit for eviction or ejectment
pursuant to failure of the tenant to pay the rent demanded in the notice
shall not invalidate the suit.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-210
(735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
Sec. 9-210.
Notice to quit.
When default is made in any of the terms
of a lease, it is
not necessary to give more than 10 days' notice to quit, or of the
termination of such tenancy, and the same may be terminated on giving
such notice to quit at any time after such default in any of the terms
of such lease. Such notice may be substantially in the following form:
"To A.B.: You are hereby notified that in consequence of your default
in (here insert the character of the default) of the premises now
occupied by you, being, etc., (here describe the premises) I have
elected to terminate your lease, and you are hereby notified to quit and
deliver up possession of the same to me within 10 days of this date
(dated, etc.)."
The notice is to be signed by the lessor or his or her agent, and no other notice or
demand of possession or termination of such tenancy is necessary.
(Source: P.A. 82-280.)
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735 ILCS 5/9-211
(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
Sec. 9-211.
Service of demand or notice.
Any demand may be made or notice
served by delivering a
written or printed, or partly written and printed, copy thereof to the
tenant, or by leaving the same with some person of the age
of 13
years or upwards, residing on or in possession of the premises; or by sending a
copy of the notice to the tenant by certified or registered mail, with
a returned receipt from the addressee; and in case no one is in the
actual possession of the premises, then by posting the same on the
premises.
(Source: P.A. 83-355.)
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735 ILCS 5/9-212
(735 ILCS 5/9-212) (from Ch. 110, par. 9-212)
Sec. 9-212.
Evidence of service.
When such demand is made or notice
served by an officer
authorized to serve process, the officer's return is prima facie evidence of
the facts therein stated, and if such demand is made or notice served by
any person not an officer, the return may be sworn to by the person
serving the same, and is then prima facie evidence of the facts
therein stated.
(Source: P.A. 82-280.)
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735 ILCS 5/9-213
(735 ILCS 5/9-213) (from Ch. 110, par. 9-213)
Sec. 9-213.
Expiration of term.
When the tenancy is for a certain period,
and the term
expires by the terms of the lease, the tenant is then bound to surrender
possession, and no notice to quit or demand of possession is necessary.
(Source: P.A. 82-280.)
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735 ILCS 5/9-213.1
(735 ILCS 5/9-213.1) (from Ch. 110, par. 9-213.1)
Sec. 9-213.1.
Duty of landlord to mitigate damages.
After January
1, 1984, a
landlord or his or her agent shall take reasonable measures to mitigate the damages
recoverable against a defaulting lessee.
(Source: P.A. 84-1043.)
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735 ILCS 5/9-214
(735 ILCS 5/9-214) (from Ch. 110, par. 9-214)
Sec. 9-214.
Lease defined.
The term "lease," as used in Part 2 of
Article IX of this Act, includes every
letting, whether by verbal or written agreement.
(Source: P.A. 82-280.)
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735 ILCS 5/9-215
(735 ILCS 5/9-215) (from Ch. 110, par. 9-215)
Sec. 9-215.
Remedies available to grantee.
The grantees of any leased
lands, tenements, rents or other
hereditaments, or of the reversion thereof, the assignees of the lessor
of any lease, and the heirs, legatees and personal representatives of the lessor,
grantee or assignee, shall have the same remedies by action or
otherwise, for the non-performance of any agreement in the lease, or for
the recovery of any rent, or for the doing of any waste or other cause
of forfeiture, as their grantor or lessor might have had if such
reversion had remained in such lessor or grantor.
(Source: P.A. 83-707.)
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735 ILCS 5/9-216
(735 ILCS 5/9-216) (from Ch. 110, par. 9-216)
Sec. 9-216.
Remedies available to lessee.
The lessees of any lands,
their assigns or personal
representatives, shall have the same remedy, by action or otherwise,
against the lessor, his or her grantees, assignees or his, her or their
representatives, for the breach of any agreement in such lease, as such
lessee might have had against his or her immediate lessor. This
section shall have no application to the covenants against incumbrances,
or relating to the title or possession of the premises demised.
(Source: P.A. 82-280.)
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735 ILCS 5/9-217
(735 ILCS 5/9-217) (from Ch. 110, par. 9-217)
Sec. 9-217.
Rent recoverable by representative, from subtenant.
When
a tenant for life demises any lands and dies on or after the day when any
rent becomes due and payable, his or her executor or administrator may recover
from the subtenant the whole rent due, but if such tenant for life dies,
before the day when any rent is to become due, his or her executor or administrator
may recover the proportion of rent which accrued before his or her death,
and the remainder man shall recover for the residue.
(Source: P.A. 82-280.)
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735 ILCS 5/9-218 (735 ILCS 5/9-218) Sec. 9-218. Rent payments at business office.
(a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, then the lessor, or agent of the lessor, must accept rent payments from a lessee of any of those residential units at that business office during the regularly scheduled office hours and the lessor may not impose any penalty, fee, or charge for making rent payments in this manner that are otherwise considered timely under the lease, but the landlord may refuse to accept payment by cash when rent payments are made in this manner. (b) This Section applies to each lease and other rental agreement in effect on the effective date of this amendatory Act of the 94th General Assembly unless there is specific language in that lease or other rental agreement that conflicts with the provisions of this Section. If any provision of a lease or other rental agreement entered into, extended, or renewed on or after the effective date of this amendatory Act of the 94th General Assembly conflicts with the provisions of this Section, then that provision of the lease or other rental agreement is void and unenforceable.
(Source: P.A. 94-2, eff. 5-31-05.) |
735 ILCS 5/Art. IX Pt. 3
(735 ILCS 5/Art. IX Pt. 3 heading)
Part 3.
Distress for Rent
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735 ILCS 5/9-301
(735 ILCS 5/9-301) (from Ch. 110, par. 9-301)
Sec. 9-301.
Property subject to distraint.
In all cases of distress
for rent, the landlord, by himself or herself,
his or her agent or attorney, may seize for rent any personal property of his or her
tenant that may be found in the county where such tenant resides,
and in no case shall the property of any other person, although the same
may be found on the premises, be liable to seizure for rent due from
such tenant.
(Source: P.A. 82-280.)
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735 ILCS 5/9-302
(735 ILCS 5/9-302) (from Ch. 110, par. 9-302)
Sec. 9-302.
Filing of distress warrant with inventory.
The person making
such distress shall immediately file with
the clerk of the circuit court a copy of the distress warrant, together
with an inventory of the property levied upon.
(Source: P.A. 82-280.)
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735 ILCS 5/9-303
(735 ILCS 5/9-303) (from Ch. 110, par. 9-303)
Sec. 9-303.
Summons and return.
Upon the filing of such copy of distress warrant and
inventory, the clerk shall issue a summons against the party against
whom the distress warrant has been issued, returnable as summons in other civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/9-304
(735 ILCS 5/9-304) (from Ch. 110, par. 9-304)
Sec. 9-304.
Notice to non-residents.
When it appears, by affidavit filed
in the court where such
proceeding is pending, that the defendant is a nonresident or has
departed from this state, or on due inquiry cannot be found, or is
concealed within this state, and the affiant states the place of
residence of the defendant, if known, and if not known, that upon
diligent inquiry he or she has not been able to ascertain the same, notice may
be given as in attachment cases.
(Source: P.A. 82-280.)
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735 ILCS 5/9-305
(735 ILCS 5/9-305) (from Ch. 110, par. 9-305)
Sec. 9-305.
Proceedings - Pleading.
The action shall thereafter proceed
in the same manner as in
case of attachment before the court. It shall not be necessary for the
plaintiff in any case to file a complaint, but the distress warrant
shall stand as a complaint and shall be amendable, as complaints in other civil cases,
but no such amendment shall in any way affect any liabilities that
have accrued in the execution of such warrant.
(Source: P.A. 82-280.)
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735 ILCS 5/9-306
(735 ILCS 5/9-306) (from Ch. 110, par. 9-306)
Sec. 9-306.
Counterclaim - Defenses.
The defendant may file a counterclaim as in
other civil actions or other defense which would have been proper if the
action had been for the rent, and with like effect.
(Source: P.A. 82-280.)
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735 ILCS 5/9-307
(735 ILCS 5/9-307) (from Ch. 110, par. 9-307)
Sec. 9-307.
Judgment for plaintiff.
If the plaintiff recovers, judgment shall be
entered in favor of plaintiff, for the amount which the court finds to be
due the plaintiff.
(Source: P.A. 82-280.)
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735 ILCS 5/9-308
(735 ILCS 5/9-308) (from Ch. 110, par. 9-308)
Sec. 9-308.
Effect of judgment against defendant.
After the defendant is
served with process or appears in
the action, the judgment shall have the same force and effect as if served by
summons, and the judgment may be enforced, not only
against the property distrained, but also against the other property of
the defendant. But the property distrained, if the same has not been
replevied or released from seizure, shall be first sold.
(Source: P.A. 82-280.)
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735 ILCS 5/9-309
(735 ILCS 5/9-309) (from Ch. 110, par. 9-309)
Sec. 9-309.
Judgment by default.
When publication of notice, as provided
by law, but the defendant is not served with process and does not
appear, judgment by default may be entered, and the plaintiff may
recover the amount due him or her for rent at the time of issuing the distress
warrant, and enforcement may be had against the property
distrained, but no enforcement may be had against any other property of
the defendant.
(Source: P.A. 82-280.)
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735 ILCS 5/9-310
(735 ILCS 5/9-310) (from Ch. 110, par. 9-310)
Sec. 9-310.
Judgment in favor of defendant - Counterclaim.
If the judgment
is in favor of the defendant, the defendant shall
recover costs and judgment shall be entered for the return to the defendant
of the property distrained,
unless the same has been replevied or released from such distress.
If a counterclaim is interposed, and it is determined by the court that a balance is due
from the plaintiff to the defendant, judgment shall be entered in favor
of the defendant.
(Source: P.A. 82-280.)
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