(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) (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
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| direct evidence of any of the following:
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(A) unlawful possessing, serving, storing,
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| 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
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| 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,
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| 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
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| 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)
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 |
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(2) any housing or unit of housing owned, operated,
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| 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
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| 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
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| 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
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| 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
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| Section 202 or 236 of the National Housing Act;
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(iv) insured or held by HUD under Section 514 or
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| 515 of the Housing Act of 1949;
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(v) insured or held by HUD under the United
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| States Housing Act of 1937; or
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(vi) held by HUD and formerly insured under a
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| 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
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| premises that are subsidized housing as defined under this Section.
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(2) The verified complaint alleges that there is
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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) 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 5/9-122) 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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(2) The requirements of subsection (b) or (c) of
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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 5/9-201) (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 5/9-206.1)
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 5/9-207.5) 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 5/9-209) (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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