|
| | HB3564 Engrossed | | LRB104 10911 JRC 20993 b |
|
|
| 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 Landlord and Tenant Act is amended by |
| 5 | | adding Section 35 as follows:
|
| 6 | | (765 ILCS 705/35 new) |
| 7 | | Sec. 35. Tenant fees limitations. |
| 8 | | (a) A landlord, lessor, sublessor, or grantor may charge a |
| 9 | | fee to reimburse costs associated with conducting a background |
| 10 | | check if the cumulative fee for a check is no more than the |
| 11 | | actual cost of the background check or $20, whichever is less. |
| 12 | | The landlord, lessor, sublessor, or grantor shall waive the |
| 13 | | fee if the potential tenant provides a copy of a background |
| 14 | | check conducted within the past 30 days. The landlord, lessor, |
| 15 | | sublessor, or grantor may not collect the fee unless the |
| 16 | | landlord, lessor, sublessor, or grantor provides the potential |
| 17 | | tenant with a copy of the background check and the receipt or |
| 18 | | invoice from the entity conducting the background check. |
| 19 | | (b) A landlord may not impose a move-in fee. |
| 20 | | (c) Unless statutes or regulations provide otherwise, no |
| 21 | | landlord, lessor, sublessor, or grantor may demand (i) any |
| 22 | | payment, fee, or charge for the processing, review, or |
| 23 | | acceptance of an application or (ii) any other payment, fee, |
|
| | HB3564 Engrossed | - 2 - | LRB104 10911 JRC 20993 b |
|
|
| 1 | | or charge before or at the beginning of the tenancy. This |
| 2 | | Section does not apply to entrance fees charged by nursing |
| 3 | | homes, as defined in the Nursing Home Care Act, or similar |
| 4 | | institutions. |
| 5 | | (d) A landlord may not rename a fee or charge to avoid |
| 6 | | application of this Section. |
| 7 | | (e) No landlord, lessor, sublessor, or grantor may demand |
| 8 | | any payment, fee, or charge for the late payment of rent unless |
| 9 | | the payment of rent has not been made within 5 days of the date |
| 10 | | it was due. The payment, fee, or charge may not exceed $10 for |
| 11 | | the first $1,000 in rent and 5% of any amount that exceeds |
| 12 | | $1,000. The late fee may not be included in rent as that term |
| 13 | | is used in the Article IX of the Code of Civil Procedure. |
| 14 | | (f) Any provision of a lease, rental agreement, contract, |
| 15 | | or any similar document purporting to waive or limit the |
| 16 | | provisions of this Section is void and unenforceable as |
| 17 | | against public policy. |
Translate