Public Act 097-0247
 
HB1209 EnrolledLRB097 07717 AJO 47828 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 9-209 as follows:
 



    (735 ILCS 5/9-209)  (from Ch. 110, par. 9-209)



    Sec. 9-209. Demand for rent - Action for possession. 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 within the time mentioned in 
such notice, pay the rent
due, the landlord may consider the 
lease ended, and sue for the
possession under the statute in 
relation to forcible entry and
detainer, or maintain ejectment 
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
action of forcible 
entry and detainer for the possession of the leased
premises, 
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 possession or ejectment
pursuant to 
failure of the tenant to pay the rent demanded in the notice

shall not invalidate the suit.

(Source: P.A. 83-1398.)