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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.) |
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