Public Act 097-0236
 
SB1766 EnrolledLRB097 08058 AJO 48181 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 9-120 as follows:
 
    (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 a forcible entry and 
detainer 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 a forcible
entry and detainer 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 a forcible entry and detainer 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 
forcible entry and detainer 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, or 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 judgment for possession of 
the premises in favor of the plaintiff
and the court shall 
order that the plaintiff shall be entitled to re-enter the

premises immediately.
    (f) A judgment for
possession of the premises 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 a forcible entry and detainer action 
on the basis of other applicable
law.
(Source: P.A. 90-360, eff. 1-1-98.)




 
    Section 99. Effective date. This Act takes effect upon 
becoming law.