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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 5/9-117
(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
Sec. 9-117. Expiration of order. No eviction order
obtained in an action brought under this Article may be enforced more than 120
days after the order is entered, unless upon motion by the plaintiff
the court grants an extension of the period of enforcement of the order.
Plaintiff's notice of motion shall contain the following notice directed
to the defendant:
"The plaintiff in this case, (insert name), obtained | | an eviction judgment against you on (insert date), but the sheriff did not evict you within the 120 days that the plaintiff has to evict after a judgment in court. On the date stated in this notice, the plaintiff will be asking the court to allow the sheriff to evict you based on that judgment. You must attend the court hearing if you want the court to stop the plaintiff from having you evicted. To prevent the eviction, you must be able to prove that (1) the plaintiff and you made an agreement after the judgment (for instance, to pay up back rent or to comply with the lease) and you have lived up to the agreement; or (2) the reason the plaintiff brought the original eviction case has been resolved or forgiven, and the eviction the plaintiff now wants the court to grant is based on a new or different reason; or (3) that you have another legal or equitable reason why the court should not grant the plaintiff's request for your eviction."
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The court shall grant the motion for the extension of the eviction order unless the defendant establishes that the tenancy has been
reinstated, that the breach upon which the order was issued has
been cured or waived, that the plaintiff and defendant entered into a
post-judgment agreement whose terms the defendant has performed, or that
other legal or equitable grounds exist that bar enforcement of the order.
This Section does not apply to any action based upon a breach of a contract
entered into on or after July 1, 1962, for the purchase of premises in
which the court has entered a stay under Section 9-110; nor shall this
Section apply to any action to which the provisions of Section 9-111 apply;
nor shall this Section affect the rights of Boards of Managers under
Section 9-104.2.
(Source: P.A. 99-753, eff. 1-1-17; 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-118
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
Sec. 9-118. Emergency housing eviction proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings ascribed to those
terms in the Illinois Controlled Substances Act.
(b) This Section applies only if all of the following conditions are
met:
(1) The complaint seeks possession of premises that | | are owned or managed by a housing authority established under the Housing Authorities Act or privately owned and managed.
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(2) The verified complaint alleges that there is
| | direct evidence of any of the following:
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(A) unlawful possessing, serving, storing,
| | manufacturing, cultivating, delivering, using, selling, giving away, or trafficking in cannabis, methamphetamine, narcotics, or controlled substances within or upon the premises by or with the knowledge and consent of, or in concert with the person or persons named in the complaint; or
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(B) the possession, use, sale, or delivery of a
| | firearm which is otherwise prohibited by State law within or upon the premises by or with the knowledge and consent of, or in concert with, the person or persons named in the complaint; or
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(C) murder, attempted murder, kidnapping,
| | attempted kidnapping, arson, attempted arson, aggravated battery, criminal sexual assault, attempted criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or criminal sexual abuse within or upon the premises by or with the knowledge and consent of, or in concert with, the person or persons named in the complaint.
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(3) Notice by verified complaint setting forth the
| | relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court.
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(b-5) In all actions brought under this Section 9-118, no predicate notice
of termination or demand for possession shall be required to initiate an
eviction action.
(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.
If a plaintiff which is a public housing authority accepts
rent from the defendant after an action is initiated under this
Section, the acceptance of rent shall not be a cause for dismissal of the
complaint.
(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default. If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings. The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant. After a
trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.
(d-5) If cannabis, methamphetamine, narcotics, or controlled substances are found or used
anywhere in the premises, there is a rebuttable presumption either (1) that the
cannabis, methamphetamine,
narcotics, or controlled substances were used or possessed by a tenant
or occupant or (2) that a tenant or occupant permitted the premises to be used
for
that use or possession, and knew or should have reasonably known that the
substance was used or possessed.
(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court. Thereafter the
plaintiff shall be entitled to re-enter the premises immediately. The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession orders.
(f) This Section shall not be construed to prohibit the use or possession
of cannabis, methamphetamine, narcotics, or a controlled substance that has been legally
obtained in accordance with a valid prescription for the personal use of a
lawful occupant of a dwelling unit.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-119
(735 ILCS 5/9-119)
Sec. 9-119. Emergency subsidized housing eviction proceedings.
(a) As used in this Section:
"FmHA" means the Farmers Home Administration or a local housing
authority administering an FmHA program.
"HUD" means the United States Department of Housing and Urban
Development, or the Federal Housing Administration or a local housing authority
administering a HUD program.
"Section 8 contract" means a contract with HUD or FmHA which provides rent
subsidies entered into pursuant to Section 8 of the United States Housing Act
of 1937 or the Section 8 Existing Housing Program (24 C.F.R. Part 882).
"Subsidized housing" means:
(1) any housing or unit of housing subject to a | |
(2) any housing or unit of housing owned, operated,
| | or managed by a housing authority established under the Housing Authorities Act; or
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(3) any housing or unit of housing financed by a loan
| | or mortgage held by the Illinois Housing Development Authority, a local housing authority, or the federal Department of Housing and Urban Development ("HUD") that is:
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(i) insured or held by HUD under Section
| | 221(d)(3) of the National Housing Act and assisted under Section 101 of the Housing and Urban Development Act of 1965 or Section 8 of the United States Housing Act of 1937;
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(ii) insured or held by HUD and bears interest at
| | a rate determined under the proviso of Section 221(d)(3) of the National Housing Act;
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(iii) insured, assisted, or held by HUD under
| | Section 202 or 236 of the National Housing Act;
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(iv) insured or held by HUD under Section 514 or
| | 515 of the Housing Act of 1949;
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(v) insured or held by HUD under the United
| | States Housing Act of 1937; or
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(vi) held by HUD and formerly insured under a
| | program listed in subdivision (i), (ii), (iii), (iv), or (v).
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(b) This Section applies only if all of the following conditions are
met:
(1) The verified complaint seeks possession of
| | premises that are subsidized housing as defined under this Section.
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(2) The verified complaint alleges that there is
| | direct evidence of refusal by the tenant to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises, provided that all of the following conditions have been met:
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(A) on 2 separate occasions within a 30 day
| | period the tenant, or another person on the premises with the consent of the tenant, refuses to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises;
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(B) the landlord then sends written notice to the
| | tenant stating that (i) the tenant, or a person on the premises with the consent of the tenant, failed twice within a 30 day period to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises and (ii) the tenant must allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within the next 30 days or face emergency eviction proceedings under this Section;
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(C) the tenant subsequently fails to allow the
| | landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within 30 days of receiving the notice from the landlord; and
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(D) the tenant's written lease states that the
| | occurrence of the events described in items (A), (B), and (C) may result in eviction.
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(3) Notice, by verified complaint setting forth the
| | relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court.
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(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.
(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default. If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings. The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant. After a
trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.
(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court. Thereafter the
plaintiff shall be entitled to re-enter the premises immediately. The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession
orders.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-120 (735 ILCS 5/9-120) Sec. 9-120. Leased premises used in furtherance of a criminal offense;
lease void at option of lessor or assignee. (a) If any lessee or occupant, on one or more occasions, uses or permits the
use of leased premises for the commission of any act that would constitute a
felony or a Class A misdemeanor under the laws of this State, the lease or
rental agreement shall, at the option of the lessor or
the lessor's
assignee become void, and the owner or lessor shall be entitled to recover
possession of the leased premises as against a tenant holding over after the
expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement. (b) The owner or lessor may bring an eviction action, or,
if
the State's Attorney of the county in which the real property is
located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel 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 or the corporation counsel of the municipality in which the real property is located, as applicable. 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 shall remain liable for the cost of the eviction whether or not the
right to bring the eviction action has been assigned. (c) A person does not forfeit any part of his or her security deposit due
solely to an eviction under the provisions of this Section, except that a
security deposit may be used to pay fees charged by the sheriff for carrying
out an eviction. (d) If a lessor or the lessor's assignee voids a lease or contract under the
provisions of this Section and the tenant or occupant has not vacated the
premises within 5 days after receipt of a written notice to vacate the
premises, the lessor or lessor's assignee may seek relief under this Article
IX. Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, judgment for costs against a plaintiff seeking
possession of the premises under this Section shall not be awarded to the
defendant unless the action was brought by the plaintiff in bad faith. An
action to possess premises under this Section shall not be deemed to be in bad
faith when the plaintiff based his or her cause of action on information
provided to him or her by a law enforcement agency, the State's Attorney, or the municipality. (e) After a trial, if the court finds, by a
preponderance of the evidence,
that the allegations in the complaint have been proven, the court
shall enter an eviction order in favor of the plaintiff
and the court shall order that the plaintiff shall be entitled to re-enter the
premises immediately. (f) An eviction order entered in an action brought by a lessor or lessor's
assignee, if the action was brought
as a result of a lessor or lessor's assignee declaring a lease void
pursuant to this Section,
may not be stayed for any period in excess of 7 days by the court unless all
parties agree to a longer period.
Thereafter the plaintiff shall be entitled to re-enter the premises
immediately. The sheriff or other lawfully deputized officers shall execute an
order entered pursuant to this Section
within 7 days of its entry, or within 7 days of the expiration of
a stay of judgment, if one is entered. (g) Nothing in this Section shall limit the rights of an owner or lessor
to bring an eviction action on the basis of other applicable
law. (Source: P.A. 100-173, eff. 1-1-18 .) |
735 ILCS 5/9-121 (735 ILCS 5/9-121) Sec. 9-121. Sealing of court file. (a) Definition. As used in this Section, "court file"
means the court file created when an eviction
action is filed with the court. (b) Discretionary sealing of court file. The court may
order that a court file in an eviction action
be placed under seal if the court finds that the plaintiff's
action is sufficiently without a basis in fact or law, which
may include a lack of jurisdiction, that placing the court file
under seal is clearly in the interests of justice, and that
those interests are not outweighed by the public's interest in
knowing about the record. (c) Mandatory sealing of court file. The court file relating to an eviction action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal. (d) This Section is operative on and after August 1, 2022.
(Source: P.A. 102-5, eff. 5-17-21.) |
735 ILCS 5/9-121.5 (735 ILCS 5/9-121.5) Sec. 9-121.5. (Repealed).
(Source: P.A. 102-5, eff. 5-17-21. Repealed internally, eff. 8-1-22.) |
735 ILCS 5/9-122 (735 ILCS 5/9-122) Sec. 9-122. COVID-19 emergency sealing of court file. (a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on March 31, 2022. (b) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall order the sealing of the court file. In accordance with Section 9-121.5, no sealed court file, sealed under this Section, shall be disseminated. (c) If the court enters a judgment in favor of the landlord, the court may also enter an order to unseal the court file under this Section. A court shall order the court file to be unsealed if: (1) the action is not based in whole or in part on | | the nonpayment of rent during the COVID-19 emergency and economic recovery period; and
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| | Section 9-121.5 have not been met.
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| (d) Subsections (d) through (h) of Section 9-121.5 shall also be applicable and incorporated into this Section.
(Source: P.A. 102-5, eff. 5-17-21.)
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735 ILCS 5/Art. IX Pt. 2
(735 ILCS 5/Art. IX Pt. 2 heading)
Part 2.
Recovery of Rent;
Termination of Certain Tenancies
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735 ILCS 5/9-201
(735 ILCS 5/9-201) (from Ch. 110, par. 9-201)
Sec. 9-201.
Recovery of rent.
The owner of lands, his or her executors or
administrators, may sue for and recover rent therefor, or a fair and
reasonable satisfaction for the use and occupation thereof, by a civil
action in any of the following instances:
1. When rent is due and in arrears on a lease
for life or lives.
2. When lands are held and occupied by any person without any
special agreement for rent.
3. When possession is obtained under an agreement, written or
verbal, for the purchase of the premises, and before a deed is
given the right to possession is terminated by forfeiture or
non-compliance with the agreement, and possession is wrongfully refused
or neglected to be given upon demand, made in writing, by the party
entitled thereto. All payments made
by the vendee, or his or her
representatives or assigns, may be set off against such rent.
4. When land has been sold upon a judgment of court, when the
party to such judgment or person holding under him or her, wrongfully refuses
or neglects to surrender possession of the same, after demand, in
writing, by the person entitled to the possession.
5. When the lands have been sold upon a mortgage or trust deed,
and the mortgagor or grantor, or person holding under him or her, wrongfully
refuses or neglects to surrender possession of the same, after demand,
in writing, by the person entitled to the possession.
(Source: P.A. 83-707.)
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735 ILCS 5/9-202
(735 ILCS 5/9-202) (from Ch. 110, par. 9-202)
Sec. 9-202.
Wilfully holding over.
If any tenant or any person who is in or comes into
possession of any lands, tenements or hereditaments, by, from or under,
or by collusion with the tenant, wilfully holds over any lands,
tenements or hereditaments, after the expiration of his or her term or terms,
and after demand made in writing, for the possession thereof, by his or her
landlord, or the person to whom the remainder or reversion of such
lands, tenements or hereditaments belongs, the person so holding over,
shall, for the time the landlord or rightful owner is so kept out of
possession, pay to the person so kept out of possession, or his or her legal
representatives, at the rate of double the yearly value of the lands,
tenements or hereditaments so detained to be recovered by a civil
action.
(Source: P.A. 83-707.)
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735 ILCS 5/9-203
(735 ILCS 5/9-203) (from Ch. 110, par. 9-203)
Sec. 9-203.
Holding over after notice.
If any tenant gives notice of his
or her intention to quit the
premises which are held by him or her, at a time mentioned in such
notice, at which time the
tenant would have a right to quit by the lease, and does not
accordingly deliver up possession thereof, such tenant shall pay to the
landlord or lessor double the rent or sum which would otherwise be
due, to be collected in the same manner as the rent otherwise due
should have been collected.
(Source: P.A. 82-783.)
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735 ILCS 5/9-204
(735 ILCS 5/9-204) (from Ch. 110, par. 9-204)
Sec. 9-204.
Rent in arrears - Re-entry.
In all cases between landlord
and tenant, where one-half
year's rent is in arrears and unpaid, and the landlord or lessor to whom
such rent is due has the right by law to re-enter for non-payment
thereof, such landlord or lessor may, without any formal demand or
re-entry, commence an action of ejectment for the recovery of the
demised premises. In case judgment is entered in favor of the plaintiff in the
action of ejectment before
the rent in arrearage and costs of the action are paid, then the lease of
the lands shall cease and be determined, unless the lessee shall by
appeal reverse the judgment, or by petition filed within 6 months after the entry
of such judgment, obtain relief from the same. However, any
tenant may, at any time before final judgment on the ejectment, pay or
tender to the landlord or lessor of the premises the amount of rent in
arrears and costs of the action, whereupon the action of
ejectment shall be dismissed.
(Source: P.A. 82-280.)
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735 ILCS 5/9-205
(735 ILCS 5/9-205) (from Ch. 110, par. 9-205)
Sec. 9-205. Notice to terminate tenancy from year to year. Except as
provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy
from year to year, 60 days' notice, in writing, shall be sufficient to
terminate the tenancy at the end of the year. The notice may be given at
any time within 4 months preceding the last 60 days of the year.
(Source: P.A. 98-514, eff. 11-19-13.)
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735 ILCS 5/9-206
(735 ILCS 5/9-206) (from Ch. 110, par. 9-206)
Sec. 9-206. Notice to terminate tenancy of farm land. Subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate
tenancies from year to year of farm
lands, occupied on a crop share, livestock share, cash rent or other
rental basis, the notice to quit shall be given in writing not less than
4 months prior to the end of the year of letting. Such notice may not be
waived in a verbal lease. The notice to quit may be substantially in the
following form:
To A.B.: You are hereby notified that I have elected to terminate
your lease of the farm premises now occupied by you, being (here
describe the premises) and you are hereby further notified to quit and
deliver up possession of the same to me at the end of the lease year,
the last day of such year being (here insert the last day of the lease
year).
(Source: P.A. 97-913, eff. 1-1-13.)
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735 ILCS 5/9-206.1
(735 ILCS 5/9-206.1)
Sec. 9-206.1.
Life tenancy termination; farmland leases.
(a) Tenancies from year to year of farmland occupied on a crop share,
livestock share, cash rent, or other rental basis in which the lessor is the
life tenant or the representative of the life tenant shall continue until the
end of the current lease year in which the life tenant's interest terminates
unless otherwise provided in writing by the lessor and the lessee.
(b) Whenever the life tenancy of the lessor terminates not more than 6
months before the end of the tenancy of the lessee but before the
beginning of the next crop year, the lessee of the farmlands is entitled to
reasonable costs incurred in field preparation for the next crop year, payable
by the succeeding life tenant or remainderman.
As used in this Section "farmland" means any property used primarily for the
growing and harvesting of crops; the feeding, breeding and
management of livestock; dairying, or any other agricultural or
horticultural use or combination thereof, including, but not limited to,
hay, grain, fruit, truck or vegetable crops, floriculture, mushroom
growing, plant or tree nurseries, orchards, forestry, sod farming and
greenhouses; the keeping, raising and feeding of livestock or poultry,
including poultry, swine, sheep, beef cattle, ponies or horses; dairy farming;
fur farming; beekeeping; or fish or wildlife farming.
(Source: P.A. 89-549, eff. 1-1-97.)
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735 ILCS 5/9-207
(735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
Sec. 9-207. Notice to terminate tenancy for less than a year. (a) Except as provided in Section 9-207.5 of this Code, in all
cases of tenancy from week to week, where the tenant
holds over without special agreement, the landlord may terminate the
tenancy by 7 days' notice, in writing, and may maintain an action
for eviction or ejectment.
(b) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than
tenancy from week to week, where the tenant holds over without special
agreement, the landlord may terminate the tenancy by 30 days'
notice, in writing, and may maintain an action for eviction or ejectment.
(Source: P.A. 100-173, eff. 1-1-18 .)
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735 ILCS 5/9-207.5 (735 ILCS 5/9-207.5) Sec. 9-207.5. Termination of bona fide leases in residential real estate in foreclosure. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice. (b) Notwithstanding the provisions of subsection (a) of this Section, an individual who assumes control of residential real estate in foreclosure pursuant to a judicial sale and who will occupy a dwelling unit of the residential real estate in foreclosure as his or her primary residence may terminate the bona fide lease for the dwelling unit subject to the 90-day notice requirement of subsection (a) of this Section. (c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of a mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of this Code.
(Source: P.A. 98-514, eff. 11-19-13.) |
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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