HB0936 96TH GENERAL ASSEMBLY

LRB096 09888 AJO 20051 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0936

Introduced 2/10/2009, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

765 ILCS 705/7 new

Amends the Landlord and Tenant Act. Provides that before entering leased premises without the tenant's permission, a landlord shall provide the tenant with at least 24 hours notice except the landlord or the landlord's representative may enter without notice in an emergency.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Landlord and Tenant Act is amended by adding Section 7 as follows:

(765 ILCS 705/7 new)

Sec. 7. Landlord access.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:

(1) to make necessary or agreed repairs, decorations, alterations, or improvements;

(2) to supply necessary or agreed services;

(3) to conduct inspections authorized or required by any government agency;

(4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen, or contractors;

(5) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;

(6) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require the access;

(7) to determine a tenant's compliance with provisions in the rental agreement; or

(8) in case of an emergency.

(b) The landlord shall not abuse the right of access or use it to harass the tenant.

(c) Except in cases where access is authorized by item (6) or (8) of subsection (a), the landlord shall give the tenant notice of the landlord's intent to enter of no less than 2 days. The notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the tenant. If access is required because of repair work in common facilities or other apartments, a general notice may be given by the landlord to all potentially affected tenants that entry may be required.

(d) In cases where access is authorized by item (6) or (8) of subsection (a), the landlord may enter the dwelling unit without notice or consent of the tenant. The landlord shall give the tenant notice of the entry within 2 days after the entry.

(e) The landlord may enter only at reasonable times except in case of an emergency. An entry between 8:00 A.M. and 8:00 P.M. or at any other time expressly requested by the tenant shall be presumed reasonable.

(f) Nothing in this Section shall be construed to supersede any provision of any federal or State law or any local ordinance that provides greater protections than the rights established under this Section. The rights established under this Section shall not be diminished by any State law or local ordinance.