100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1538

 

Introduced 1/31/2017, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-104  from Ch. 110, par. 9-104

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning a demand for possession of premises in connection with forcible entry and detainer.


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A BILL FOR

 

HB1538LRB100 03374 HEP 13379 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 Code of Civil Procedure is amended by
5changing Section 9-104 as follows:
 
6    (735 ILCS 5/9-104)  (from Ch. 110, par. 9-104)
7    Sec. 9-104. Demand - Notice - Return. The The demand
8required by Section 9-102 of this Act may be made by delivering
9a copy thereof to the tenant, or by leaving such a copy with
10some person of the age of 13 years or upwards, residing on, or
11being in charge of, the premises; or in case no one is in the
12actual possession of the premises, then by posting the same on
13the premises; or if those in possession are unknown occupants
14who are not parties to any written lease, rental agreement, or
15right to possession agreement for the premises, then by
16delivering a copy of the notice, directed to "unknown
17occupants", to the occupant or by leaving a copy of the notice
18with some person of the age of 13 years or upwards occupying
19the premises, or by posting a copy of the notice on the
20premises directed to "unknown occupants". When such demand is
21made by an officer authorized to serve process, his or her
22return is prima facie evidence of the facts therein stated, and
23if such demand is made by any person not an officer, the return

 

 

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1may be sworn to by the person serving the same, and is then
2prima facie evidence of the facts therein stated. The demand
3for possession may be in the following form:
4        To ....
5        I hereby demand immediate possession of the following
6    described premises: (describing the same.)
7    The demand shall be signed by the person claiming such
8possession, his or her agent, or attorney.
9(Source: P.A. 92-823, eff. 8-21-02.)