Full Text of SB3299 98th General Assembly
SB3299 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3299 Introduced 2/14/2014, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
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Amends the Code of Civil Procedure. Provides that when notification is made to a lessor by a governmental agency of an act under the Section concerning leased premises used in furtherance of a criminal offense, the governmental agencies having jurisdiction over the leased premises shall provide the owner, lessor, or agent with the information reasonably necessary to substantiate the required elements of a forcible entry and detainer action. Provides that a municipality or other governmental entity may not require an owner, lessor, or agent to bring a forcible entry and detainer action or impose a penalty on the owner, lessor, or agent for failure to evict when notification is made.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-120 as follows: | 6 | | (735 ILCS 5/9-120) | 7 | | Sec. 9-120. Leased premises used in furtherance of a | 8 | | criminal offense;
lease void at option of lessor or assignee. | 9 | | (a) If any lessee or occupant, on one or more occasions, | 10 | | uses or permits the
use of leased premises for the commission | 11 | | of any act that would constitute a
felony or a Class A | 12 | | misdemeanor under the laws of this State, the lease or
rental | 13 | | agreement shall, at the option of the lessor or
the lessor's
| 14 | | assignee become void, and the owner or lessor shall be entitled | 15 | | to recover
possession of the leased premises as against a | 16 | | tenant holding over after the
expiration of his or her term. A | 17 | | written lease shall notify the lessee that if any lessee or | 18 | | occupant, on one or more occasions, uses or permits the use of | 19 | | the leased premises for the commission of a felony or Class A | 20 | | misdemeanor under the laws of this State, the lessor shall have | 21 | | the right to void the lease and recover the leased premises. | 22 | | Failure to include this language in a written lease or the use | 23 | | of an oral lease shall not waive or impair the rights of the |
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| 1 | | lessor or lessor's assignee under this Section or the lease. | 2 | | This Section shall not be construed so as to diminish the | 3 | | rights of a lessor, if any, to terminate a lease for other | 4 | | reasons permitted under law or pursuant to the lease agreement. | 5 | | (b) The owner or lessor may bring a forcible entry and | 6 | | detainer action, or,
if
the State's Attorney of the county in | 7 | | which the real property is
located or the corporation counsel | 8 | | of the municipality in which the real property is located | 9 | | agrees, assign to that State's Attorney or corporation counsel | 10 | | the right to bring a forcible
entry and detainer action on | 11 | | behalf of
the owner or lessor, against the lessee and all | 12 | | occupants of the leased
premises. The assignment must be in | 13 | | writing on a form prepared by the State's
Attorney of the | 14 | | county in which the real property is located or the corporation | 15 | | counsel of the municipality in which the real property is | 16 | | located, as applicable. If the owner or
lessor assigns the | 17 | | right to bring a forcible entry and detainer action, the
| 18 | | assignment shall be limited to those rights and duties up to | 19 | | and including
delivery of the order of eviction to the sheriff | 20 | | for execution. The owner or
lessor shall remain liable for the | 21 | | cost of the eviction whether or not the
right to bring the | 22 | | forcible entry and detainer action has been assigned. | 23 | | (b-5) When notification is made to a lessor by a | 24 | | governmental agency of an act qualifying under this Section, | 25 | | the governmental agencies having jurisdiction over the leased | 26 | | premises shall provide the owner, lessor, or agent with the |
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| 1 | | information reasonably necessary to substantiate the required | 2 | | elements of an action filed under this Section. A municipality | 3 | | or other governmental entity may not require an owner, lessor, | 4 | | or agent to bring a forcible entry and detainer action under | 5 | | this Section or impose a penalty on the owner, lessor, or agent | 6 | | for failure to evict when notification is made. | 7 | | (c) A person does not forfeit any part of his or her | 8 | | security deposit due
solely to an eviction under the provisions | 9 | | of this Section, except that a
security deposit may be used to | 10 | | pay fees charged by the sheriff for carrying
out an eviction. | 11 | | (d) If a lessor or the lessor's assignee voids a lease or | 12 | | contract under the
provisions of this Section and the tenant or | 13 | | occupant has not vacated the
premises within 5 days after | 14 | | receipt of a written notice to vacate the
premises, the lessor | 15 | | or lessor's assignee may seek relief under this Article
IX. | 16 | | Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | 17 | | judgment for costs against a plaintiff seeking
possession of | 18 | | the premises under this Section shall not be awarded to the
| 19 | | defendant unless the action was brought by the plaintiff in bad | 20 | | faith. An
action to possess premises under this Section shall | 21 | | not be deemed to be in bad
faith when the plaintiff based his | 22 | | or her cause of action on information
provided to him or her by | 23 | | a law enforcement agency, the State's Attorney, or the | 24 | | municipality. | 25 | | (e) After a trial, if the court finds, by a
preponderance | 26 | | of the evidence,
that the allegations in the complaint have |
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| 1 | | been proven, the court
shall enter judgment for possession of | 2 | | the premises in favor of the plaintiff
and the court shall | 3 | | order that the plaintiff shall be entitled to re-enter the
| 4 | | premises immediately. | 5 | | (f) A judgment for
possession of the premises entered in an | 6 | | action brought by a lessor or lessor's
assignee, if the action | 7 | | was brought
as a result of a lessor or lessor's assignee | 8 | | declaring a lease void
pursuant to this Section,
may not be | 9 | | stayed for any period in excess of 7 days by the court unless | 10 | | all
parties agree to a longer period.
Thereafter the plaintiff | 11 | | shall be entitled to re-enter the premises
immediately. The | 12 | | sheriff or other lawfully deputized officers shall execute an
| 13 | | order entered pursuant to this Section
within 7 days of its | 14 | | entry, or within 7 days of the expiration of
a stay of | 15 | | judgment, if one is entered. | 16 | | (g) Nothing in this Section shall limit the rights of an | 17 | | owner or lessor
to bring a forcible entry and detainer action | 18 | | on the basis of other applicable
law. | 19 | | (Source: P.A. 97-236, eff. 8-2-11.)
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