(735 ILCS 5/8-2901) Sec. 8-2901. Admissibility of evidence; immigration status. (a) Except as provided in subsection (b), evidence related to a person's immigration status is not admissible in any civil proceeding. (b) Evidence otherwise inadmissible under this Act is admissible if: (1) it is essential to prove an element of a claim or |
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(2) it is offered to prove an interest or bias of a
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| witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature; or
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(3) a person or his or her attorney voluntarily
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| reveals his or her immigration status to the court.
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(c) A party intending to offer evidence relating to a person's immigration status shall file a written motion at least 14 days before a hearing or a trial specifically describing the evidence and stating the purpose for which it is offered. A court, for good cause, may require a different time for filing or permit filing during trial.
Upon receipt of the motion and notice to all parties, the court shall conduct an in camera hearing, with counsel present, limited to review of the probative value of the person's immigration status to the case. If the court finds that the evidence relating to a person's immigration status meets the criteria set forth in paragraph (1), (2), or (3) of subsection (b), the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence.
The motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise.
(d) A person may not, with the intent to deter any person or witness from testifying freely, fully, and truthfully to any matter before trial or in any court or before a grand jury, administrative agency, or any other State or local governmental unit, threaten to or actually disclose, directly or indirectly, a person's or witness's immigration status to any entity or any immigration or law enforcement agency. A person who violates this subsection commits a Class C misdemeanor.
(Source: P.A. 101-550, eff. 1-1-20.)
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(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
Sec. 9-102. When action may be maintained.
(a) The person entitled to the possession of lands or tenements may be
restored thereto under any of the following circumstances:
(1) When a forcible entry is made thereon.
(2) When a peaceable entry is made and the possession |
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(3) When entry is made into vacant or unoccupied
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| lands or tenements without right or title.
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(4) When any lessee of the lands or tenements, or any
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| person holding under such lessee, holds possession without right after the termination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise.
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(5) When a vendee having obtained possession under a
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| written or verbal agreement to purchase lands or tenements, and having failed to comply with the agreement, withholds possession thereof, after demand in writing by the person entitled to such possession; however, any agreement for residential real estate entered into on or after July 1, 1987 that is an installment sales contract, as defined in the Installment Sales Contract Act, and the amount unpaid under the terms of the contract at the time of the filing of the foreclosure complaint, including principal and due and unpaid interest, at the rate prior to default, is less than 80% of the original purchase price of the real estate as stated in the contract, as required under paragraph (2) of subsection (a) of Section 15-1106 of the Illinois Mortgage Foreclosure Law, is subject to foreclosure.
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This amendatory Act of 1993 is declarative of
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(6) When lands or tenements have been conveyed by any
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| grantor in possession, or sold under the order or judgment of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained and the grantor in possession or party to such order or judgment or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his or her agent.
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(7) When any property is subject to the provisions of
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| the Condominium Property Act, the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property, or of any other expenses lawfully agreed upon or any unpaid fine, the Board of Managers or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand; or if the lessor-owner of a unit fails to comply with the leasing requirements prescribed by subsection (n) of Section 18 of the Condominium Property Act or by the declaration, by-laws, and rules and regulations of the condominium, or if a lessee of an owner is in breach of any covenants, rules, regulations, or by-laws of the condominium, and the Board of Managers or its agents have served the demand set forth in Section 9-104.2 of this Article in the manner provided in that Section.
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(8) When any property is subject to the provisions of
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| a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon, and the unit owner fails or refuses to pay when due his or her proportionate share of such assessments or expenses and the board or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand.
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(b) The provisions of paragraph (8) of subsection (a) of Section 9-102
and Section 9-104.3 of this Act shall not apply to any common interest
community unless (1) the association is a not-for-profit corporation or a limited liability company, (2)
unit owners are authorized to attend meetings of the board of directors or
board of managers of the association in the same manner as provided for
condominiums under the Condominium Property Act, and (3) the board of
managers or board of directors of the common interest community association
has, subsequent to the effective date of this amendatory Act of 1984 voted
to have the provisions of this Article apply to such association and has
delivered or mailed notice of such action to the unit owners or unless the
declaration of the association is recorded after the effective date of this
amendatory Act of 1985.
(c) For purposes of this Article:
(1) "Common interest community" means real estate
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| other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association.
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(2) "Declaration" means any duly recorded
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| instruments, however designated, that have created a common interest community and any duly recorded amendments to those instruments.
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(3) "Unit" means a physical portion of the common
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| interest community designated by separate ownership or occupancy by boundaries which are described in a declaration.
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(4) "Unit owners' association" or "association" means
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| the association of all owners of units in the common interest community acting pursuant to the declaration.
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(d) If the board of a common interest community elects to have the
provisions of this Article apply to such association or the declaration of
the association is recorded after the effective date of this amendatory Act
of 1985, the provisions of subsections (c) through (h) of Section 18.5 of
the Condominium Property Act applicable to a Master Association and
condominium unit subject to such association under subsections (c) through
(h) of Section 18.5 shall be applicable to the community associations and
to its unit owners.
(Source: P.A. 102-71, eff. 7-9-21.)
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(735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
Sec. 9-104.
Demand - Notice - Return.
The demand required by Section
9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the
age of 13 years or upwards, residing on, or being in charge of, the premises;
or in case no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession are unknown
occupants who are not parties to any written lease, rental agreement, or right
to possession agreement for the premises, then by delivering a copy of the
notice, directed to "unknown occupants", to the occupant or by leaving a copy
of the notice with some person of the age of 13 years or upwards
occupying the premises, or by posting a copy of the notice on the premises
directed to "unknown occupants". When such demand is made by
an officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated, and if such demand is made 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. The demand for possession may be in the following form:
To ....
I hereby demand immediate possession of the following |
| described premises: (describing the same.)
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The demand shall be signed by the person claiming such possession,
his or her agent, or attorney.
(Source: P.A. 92-823, eff. 8-21-02.)
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(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
Sec. 9-104.1. Demand; notice; return; condominium and contract
purchasers.
(a) In case there is a contract for the purchase of such lands
or tenements or in case of condominium property, the demand shall give the
purchaser under such contract, or to the condominium unit owner, as the
case may be, at least 30 days to satisfy the terms of the demand before an
action is filed. In case of a condominium unit, the demand shall set forth
the amount claimed which must be paid within the time prescribed in the
demand and the time period or periods when the amounts were originally due,
unless the demand is for compliance with Section 18(n) of the Condominium
Property Act, in which case the demand shall set forth the nature of the
lease and memorandum of lease or the leasing requirement not satisfied.
The amount claimed shall include regular or special assessments, late
charges or interest for delinquent assessments, and attorneys' fees claimed
for services incurred prior to the demand. Attorneys' fees claimed by
condominium associations in the demand shall be subject to review by the
courts in any eviction proceeding under subsection (b) of Section 9-111
of this Act.
The demand shall be signed by the person claiming such possession, his or
her agent, or attorney.
(b) In the case of a condominium unit, the demand is not invalidated by
partial payment of amounts due if the payments do not, at the end of the
notice period, total the amounts demanded in the notice for common
expenses, unpaid fines, interest, late charges, reasonable attorney fees
incurred prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her agent or
attorney, may, however, agree in writing to withdraw the demand in exchange
for receiving partial payment. To prevent invalidation, the notice must
prominently state:
"Only FULL PAYMENT of all amounts demanded in this notice will invalidate
the demand, unless the person claiming possession, or his or her agent or
attorney, agrees in writing to withdraw the demand in exchange for
receiving partial payment."
(c) The demand set forth in subsection (a) of this Section shall be
served either personally upon such purchaser or condominium unit owner or
by sending the demand thereof by registered or certified mail with return
receipt requested to the last known address of such purchaser or condominium
unit owner or in case no one is in the actual possession of the premises,
then by posting the same on the premises. When such demand is made by an
officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated and if such demand is made 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.
To be effective service under this Section, a demand sent by certified or
registered mail to the last known address need not be received by the
purchaser or condominium unit owner.
No
other demand shall be required as a prerequisite to filing an action under
paragraph (7) of subsection (a) of Section 9-102 of this Act.
Service of the demand by registered or certified mail shall be deemed
effective upon deposit in the United States mail with proper postage prepaid
and addressed as provided in this subsection.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
Sec. 9-104.2. Condominiums: demand, notice, termination of lease, and eviction. (a) Unless the Board of Managers is seeking to evict
a tenant or other occupant of a unit
under
an existing lease or other arrangement with the owner
of a unit, no demand nor summons need be served upon the tenant or other
occupant in connection
with an action brought under paragraph (7) of subsection (a) of Section
9-102 of this Article.
(a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an
existing lease or other arrangement between the tenant or other occupant and
the defaulting owner of a unit, either within the same action against the unit
owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that subsection. If a
tenant or other occupant of a unit is joined within
the same action against the defaulting unit owner under paragraph (7),
only the unit owner and not the tenant or other occupant
need to be served with 30 days prior written notice as
provided in this Article.
The tenant or other occupant may be joined as additional defendants at the
time the suit is filed
or at any time thereafter prior to execution of the eviction order by
filing, with or without prior leave of the court, an amended complaint and
summons for trial. If the complaint alleges that the unit is occupied or may
be occupied by persons other than or in addition to the unit owner of record,
that the identities of the persons are concealed and unknown, they may be named
and joined as defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age
of
13 years or greater, and if the summons is returned without service stating
that service cannot be obtained, constructive service may be obtained pursuant
to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the
address of the unit. If prior to execution of the eviction order the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names
and the record may be corrected upon hearing pursuant to notice of motion
served upon the identified defendant or defendants at the unit in the manner
provided by
court rule for service of notice of motion.
If, however, an action under paragraph (7) was brought
against the defaulting unit owner only, and after obtaining an eviction order and expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as its own and to
commence a separate action, written
notice of the eviction order against the unit owner and demand to quit the premises
shall be served on the tenant or other occupant in the manner provided under
Section 9-211 at
least 10 days prior to bringing suit to evict the tenant or
other occupant.
(b) If an eviction order is granted to the Board of Managers under
Section 9-111, any interest of the unit owner to receive rents under any
lease arrangement shall
be deemed assigned to the Board of Managers until such time as the judgment is
vacated.
(c) If an eviction order is entered, the Board of Managers may
obtain from the clerk of the court an informational certificate notifying any
tenants
not parties to the proceeding of the assignment of the unit owner's interest
in the lease arrangement to the Board of Managers
as a result of the entry of the eviction order and stating that
any rent hereinafter due the unit owner or his agent under the lease
arrangement should be paid to the Board of Managers until further order of
court. If the tenant pays his rent to the association pursuant to the
entry of such an eviction order, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in the manner provided by
Section 9-211 of this Code, the tenant shall be obligated to pay the rent under
the lease arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board of Managers may
bring an eviction action after making a demand for rent in accordance
with Section 9-209 of this Code.
(c-5) In an action against the unit owner and lessee to evict a lessee for
failure of the lessor/owner of the condominium unit to comply with the leasing
requirements prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially
in the following form:
"TO A.B. You are hereby notified that in consequence |
| of (here insert lessor-owner name) failure to comply with the leasing requirements prescribed by Section 18(n) of the Condominium Property Act or by the declaration, bylaws, and rules and regulations of the condominium, or your default of any covenants, rules, regulations or bylaws of the condominium, in (here insert the character of the default) of the premises now occupied by you, being (here described the premises) the Board of Managers of (here describe the condominium) Association elects to terminate your lease, and you are hereby notified to quit and vacate same within 10 days of this date.".
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The demand shall be signed by the Board of Managers, its agent, or attorney
and shall be served either personally upon the lessee with a copy to the unit
owner or by sending the demand thereof by registered or certified mail with
return receipt requested to the unit occupied by the lessee and to the last
known address of the unit owner, and no other demand of termination of such
tenancy shall be required. To be effective service under this Section, a
demand sent by certified mail, return receipt requested, to the unit occupied
by the lessee and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
(d) Nothing in this Section 9-104.2 is intended to confer upon a Board of
Managers any greater authority with respect to possession of a unit after a
judgment than was previously established by this Act.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-106.2) Sec. 9-106.2. Affirmative defense for violence; barring persons from property. (a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is: (1) based solely on the tenant's, lessee's, or |
| household member's status as a victim of domestic violence or sexual violence as those terms are defined in Section 10 of the Safe Homes Act, stalking as that term is defined in the Criminal Code of 2012, or dating violence;
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(2) based solely upon an incident of actual or
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| threatened domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member;
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(3) based solely upon criminal activity directly
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| relating to domestic violence, dating violence, stalking, or sexual violence engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control, and against the tenant, lessee, or household member; or
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(4) based upon a demand for possession pursuant to
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| subsection (f) where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises.
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(b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services.
(c) Nothing in subsection (a) shall prevent the landlord from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the violence referred to in subsection (a).
(d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property.
(e) Nothing in subsection (a) shall prevent the landlord from seeking possession against the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based.
(f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant.
(g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property.
(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.)
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(735 ILCS 5/9-106.3) Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status. (a) It is an affirmative defense to an action maintained under this Article if the court finds that: (1) the landlord's demand for possession is based |
| solely or in part on the citizenship or immigration status of the tenant; or
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(2) the landlord's demand for possession is based
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| solely or in part on the tenant's failure to provide a social security number, information required to obtain a consumer credit report, or a form of identification deemed acceptable by the landlord, and the lease with the tenant has commenced, and the tenant has taken possession.
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(b) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order.
(c) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant.
(d) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law.
(e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.
(Source: P.A. 101-439, eff. 8-21-19.)
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(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
Sec. 9-107. Constructive service. If the plaintiff, his or her agent,
or attorney files an eviction action, with or without joinder of a claim for rent in the
complaint, and is unable to obtain personal service on the
defendant or unknown occupant and a summons duly issued in such action is returned
without service stating that service can not be obtained, then the
plaintiff, his or her agent or attorney may file an affidavit stating that the
defendant or unknown occupant is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this
State so that process cannot be served upon him or her, and also stating the
place of residence of the defendant or unknown occupant, if known, or if
not known, that
upon diligent inquiry the affiant has not been able to ascertain the
defendant's or unknown occupant's place of residence, then in all such eviction
cases
whether or not a claim for rent is joined with the complaint for
possession, the defendant or unknown occupant may be notified by posting
and mailing of
notices; or by publication and mailing, as provided for in
Section 2-206 of this Act. However, in cases where the defendant or unknown
occupant is notified by
posting and mailing of notices or by publication and mailing, and the
defendant or unknown occupant does not appear generally, the court may rule
only on the
portion of the complaint which seeks an eviction order, and the
court shall not enter judgment as to any rent claim joined in the
complaint or enter personal judgment for any amount owed by a unit owner
for his or her proportionate share of the common expenses, however, an in
rem judgment may be entered against the unit for the amount of common expenses
due, any other expenses lawfully agreed upon or the amount of any unpaid
fine, together with reasonable attorney fees, if any, and costs. The claim
for rent may remain pending until such time as the
defendant or unknown occupant appears generally or is served with summons, but the eviction order shall be final, enforceable and appealable if the court makes
an express written finding that there is no just reason for delaying
enforcement or appeal, as provided by Supreme Court rule of this State.
Such notice shall be in the name of the clerk of the court, be
directed to the defendant or unknown occupant, shall state the nature of the cause against
the defendant or unknown occupant and at whose instance issued and the time and place for
trial, and shall also state that unless the defendant or unknown occupant appears at the
time and place fixed for trial, judgment will be entered by default, and
shall specify the character
of the judgment that will be entered in such cause. The sheriff shall
post 3 copies of the notice in 3 public places in the neighborhood of
the court where the cause is to be tried, at least 10 days prior to the
day set for the appearance, and, if the place of residence of the
defendant or unknown occupant is stated in any affidavit on file, shall at the
same time
mail one copy of the notice addressed to such defendant or unknown occupant at
such place of
residence shown in such affidavit. On or before the day set for the
appearance, the sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and to whom and
at what address he or she mailed copies as required by this Section. For want
of sufficient notice any cause may be continued from time to time until
the court has jurisdiction of the defendant or unknown occupant.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-107.10) Sec. 9-107.10. Military personnel in military service; eviction action. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) In a residential eviction action, including eviction of a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's military service: (1) Stay the proceedings for a period of 90 days, |
| unless, in the opinion of the court, justice and equity require a longer or shorter period of time.
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(2) Adjust the obligation under the rental agreement
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| to preserve the interest of all parties to it.
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(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service.
(d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act.
All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
Sec. 9-110.
Judgment for whole premises - Stay of enforcement.
If
it appears on the trial that the plaintiff is entitled
to the possession of the whole of the premises claimed, judgment for the
possession thereof and for costs shall be entered in favor of the plaintiff.
However, if the action is brought under Article IX of this Code and is
based upon a breach of a contract entered into
on or after July 1, 1962 for the purchase of such premises, the court,
by order, may stay the enforcement of the judgment for a period
not to exceed 60 days from the date of the judgment, or if the court
finds that the amount unpaid on the contract is less than 75% of the
original purchase price, then the court shall stay the enforcement of the
judgment for a period of 180 days from the date of the judgment. The court
may order a stay of less than 180 days (but in no event less than 60
days) if it is shown that the plaintiff, prior to the filing of the action
under Article IX of this Act, granted the defendant previous extensions of
time to pay the amounts due under the contract, or for other good cause
shown. If during such period of stay the defendant pays the entire amount
then due and payable under the terms of the contract other than such
portion of the principal balance due under the contract as would not be
due had no default occurred and costs and, if the contract provides
therefor, reasonable attorney's fees as fixed by the court, and cures
all other defaults then existing, the contract shall remain in force the
same as if no default had occurred. The relief granted to a defendant
by this Section shall not be exhausted by a single use thereof but shall
not be again available with respect to the same contract for a period of
5 years from the date of such judgment. Whenever defendant cures the
default under the contract pursuant to this Section, the defendant may within
the period of stay file a motion to vacate the judgment in the court in
which the judgment was entered, and, if the court, upon the hearing of
such motion, is satisfied that such default has been cured, such
judgment shall be vacated. Unless defendant files such motion to vacate
in the court or the judgment is otherwise stayed, enforcement of the judgment
may proceed
immediately upon the expiration of such period of stay and all rights of the
defendant in and to the premises and in and to the real estate described
in the contract are terminated.
Nothing herein contained shall be construed as affecting the right of
a seller of such premises to any lawful remedy or relief other than that
provided by Part 1 of Article IX of this Act.
(Source: P.A. 85-907.)
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(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
Sec. 9-111. Condominium property.
(a) As to property subject to the
provisions of the "Condominium Property Act", approved June 20, 1963, as
amended, when the action is based upon the failure of an owner of a unit
therein to pay when due his or her proportionate share of the common
expenses of the property, or of any other expenses lawfully agreed upon or
the amount of any unpaid fine, and if the court finds that the expenses or
fines are due to the plaintiff, the plaintiff shall be entitled to the
possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of
the plaintiff and judgment for the
amount found due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the plaintiff's
costs. The awarding of reasonable attorney's fees shall be pursuant to the
standards set forth in subsection (b) of this Section 9-111. The court
shall, by order, stay the enforcement of the eviction order for
a period of not less than 60 days from the date of the judgment and may
stay the enforcement of the order for a period not to exceed 180 days
from such date. Any judgment for money or any rent assignment under
subsection (b) of Section 9-104.2 is not subject to this stay. The eviction order is not subject to an exemption of homestead under Part 9 of
Article XII of this Code. If at any
time, either during or after the period of stay, the
defendant pays such expenses found due by the court, and costs, and reasonable
attorney's fees as fixed by the court, and the defendant is
not in arrears on his or her share of the common expenses for the period
subsequent to that covered by the order, the defendant may file a motion to
vacate the order in the court in which the order was entered, and, if the
court, upon the hearing of such motion, is satisfied that the default in
payment of the proportionate share of expenses has been cured, and if the court
finds that the premises are not presently let by the board of managers as
provided in Section 9-111.1 of this Act, the order shall be vacated. If the
premises are being let by the board of managers as provided in Section 9-111.1
of this Act, when any order is sought to be vacated, the court shall vacate
the order effective concurrent with the expiration of the lease term. Unless
defendant files such motion to vacate in the court or the order is otherwise
stayed, enforcement of the order may proceed immediately upon the expiration
of the period of stay and all rights of the defendant to possession of his or
her unit shall cease and determine until the date that the order may
thereafter be vacated in accordance with the foregoing provisions, and
notwithstanding payment of the amount of any money judgment if the unit owner
or occupant is in
arrears for the period after the date of entry of the order as provided in
this Section. Nothing
herein contained shall be construed as affecting the right of the board of
managers, or its agents, to any lawful remedy or relief other than that
provided by Part 1 of this Article.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(b) For purposes of determining reasonable attorney's fees under
subsection (a), the court shall consider:
(i) the time expended by the attorney;
(ii) the reasonableness of the hourly rate for the |
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(iii) the reasonableness of the amount of time
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(iv) the amount in controversy and the nature of the
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(Source: P.A. 100-173, eff. 1-1-18.)
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