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Cities & Villages Committee
Filed: 3/9/2010
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09600HB6257ham001 |
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LRB096 20819 RLJ 38497 a |
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| AMENDMENT TO HOUSE BILL 6257
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| AMENDMENT NO. ______. Amend House Bill 6257 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by |
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| changing Section 9-120 as follows:
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| (735 ILCS 5/9-120) |
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| Sec. 9-120. Leased premises used in furtherance of a |
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| criminal offense;
lease void at option of lessor or assignee. |
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| (a) If any lessee or occupant, on one or more occasions, |
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| uses or permits the
use of leased premises for the commission |
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| of any act that would constitute a
felony or a Class A |
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| misdemeanor under the laws of this State, the lease or
rental |
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| agreement shall, at the option of the lessor or
the lessor's
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| assignee become void, and the owner or lessor shall be entitled |
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| to recover
possession of the leased premises as against a |
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| tenant holding over after the
expiration of his or her term. A |
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09600HB6257ham001 |
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LRB096 20819 RLJ 38497 a |
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| written lease shall contain language that the commission of any |
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| act by the lessee, occupant, household member of the lessee or |
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| occupant, or guest of the lessee or occupant that would |
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| constitute a felony or a Class A misdemeanor under the laws of |
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| this State shall give the owner or lessor the right to void the |
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| lease and recover possession of the leased premises. Failure to |
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| include this language in a lease or if the lease is oral shall |
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| not waive or impair the rights of the lessor or lessor's |
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| assignee under this Section or the lease. |
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| (b) The owner or lessor may bring a forcible entry and |
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| detainer action, or,
if
the State's Attorney of the county in |
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| which the real property is
located or the corporation counsel |
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| of the municipality in which the real property is located |
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| agrees, assign to that State's Attorney or corporation counsel |
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| the right to bring a forcible
entry and detainer action on |
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| behalf of
the owner or lessor, against the lessee and all |
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| occupants of the leased
premises. The assignment must be in |
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| writing on a form prepared by the State's
Attorney of the |
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| county in which the real property is located or the corporation |
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| counsel of the municipality in which the real property is |
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| located, as applicable. If the owner or
lessor assigns the |
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| right to bring a forcible entry and detainer action, the
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| assignment shall be limited to those rights and duties up to |
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| and including
delivery of the order of eviction to the sheriff |
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| for execution. The owner or
lessor shall remain liable for the |
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| cost of the eviction whether or not the
right to bring the |
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09600HB6257ham001 |
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LRB096 20819 RLJ 38497 a |
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| forcible entry and detainer action has been assigned. |
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| (c) A person does not forfeit any part of his or her |
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| security deposit due
solely to an eviction under the provisions |
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| of this Section, except that a
security deposit may be used to |
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| pay fees charged by the sheriff for carrying
out an eviction. |
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| (d) If a lessor or the lessor's assignee voids a lease or |
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| contract under the
provisions of this Section and the tenant or |
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| occupant has not vacated the
premises within 5 days after |
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| receipt of a written notice to vacate the
premises, the lessor |
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| or lessor's assignee may seek relief under this Article
IX. |
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| Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, |
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| judgment for costs against a plaintiff seeking
possession of |
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| the premises under this Section shall not be awarded to the
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| defendant unless the action was brought by the plaintiff in bad |
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| faith. An
action to possess premises under this Section shall |
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| not be deemed to be in bad
faith when the plaintiff based his |
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| or her cause of action on information
provided to him or her by |
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| a law enforcement agency, or the State's Attorney, or the |
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| municipality. |
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| (e) After a trial, if the court finds, by a
preponderance |
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| of the evidence,
that the allegations in the complaint have |
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| been proven, the court
shall enter judgment for possession of |
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| the premises in favor of the plaintiff
and the court shall |
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| order that the plaintiff shall be entitled to re-enter the
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| premises immediately. |
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| (f) A judgment for
possession of the premises entered in an |
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09600HB6257ham001 |
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LRB096 20819 RLJ 38497 a |
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| action brought by a lessor or lessor's
assignee, if the action |
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| was brought
as a result of a lessor or lessor's assignee |
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| declaring a lease void
pursuant to this Section,
may not be |
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| stayed for any period in excess of 7 days by the court unless |
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| all
parties agree to a longer period.
Thereafter the plaintiff |
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| shall be entitled to re-enter the premises
immediately. The |
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| sheriff or other lawfully deputized officers shall execute an
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| order entered pursuant to this Section
within 7 days of its |
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| entry, or within 7 days of the expiration of
a stay of |
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| judgment, if one is entered. |
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| (g) Nothing in this Section shall limit the rights of an |
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| owner or lessor
to bring a forcible entry and detainer action |
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| on the basis of other applicable
law. |
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| (Source: P.A. 90-360, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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