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| Public Act 099-0753 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 9-117 as follows:
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(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
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Sec. 9-117. Expiration of Judgment. No judgment for | ||||
possession
obtained in an action brought under this Article may | ||||
be enforced more than 120
days after judgment is entered, | ||||
unless upon motion by the plaintiff
the court grants an | ||||
extension of the period of enforcement of the judgment.
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Plaintiff's notice of motion shall contain the following notice | ||||
directed
to the defendant:
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"The plaintiff in this case Your landlord, (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 landlord has to evict after a | ||||
judgment in court. On the date
stated in this notice, the | ||||
plaintiff your landlord 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 landlord from having you evicted.
To prevent the | ||||
eviction, you must be able to prove that (1) the plaintiff | ||||
landlord
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 landlord brought the original eviction case | ||
has been
resolved or forgiven, and the eviction the | ||
plaintiff landlord now wants the court to
grant is based on | ||
a new or different reason; or (3) that you have another
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legal or equitable reason why the court should not grant | ||
the plaintiff's landlord's
request for your eviction."
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The court shall grant the motion for the extension of the | ||
judgment of
possession unless the defendant establishes that | ||
the tenancy has been
reinstated, that the breach upon which the | ||
judgment 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 judgment.
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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.
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(Source: P.A. 96-60, eff. 7-23-09.)
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