Cities & Villages Committee
Filed: 3/9/2010
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| 1 | AMENDMENT TO HOUSE BILL 6257
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| 2 | AMENDMENT NO. ______. Amend House Bill 6257 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 9-120 as follows: | ||||||
| 6 | (735 ILCS 5/9-120) | ||||||
| 7 | Sec. 9-120. Leased premises used in furtherance of a | ||||||
| 8 | criminal offense;
lease void at option of lessor or assignee. | ||||||
| 9 | (a) If any lessee or occupant, on one or more occasions, | ||||||
| 10 | uses or permits the
use of leased premises for the commission | ||||||
| 11 | of any act that would constitute a
felony or a Class A | ||||||
| 12 | misdemeanor under the laws of this State, the lease or
rental | ||||||
| 13 | agreement shall, at the option of the lessor or
the lessor's
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| 14 | assignee become void, and the owner or lessor shall be entitled | ||||||
| 15 | to recover
possession of the leased premises as against a | ||||||
| 16 | tenant holding over after the
expiration of his or her term. A | ||||||
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| 1 | written lease shall contain language that the commission of any | ||||||
| 2 | act by the lessee, occupant, household member of the lessee or | ||||||
| 3 | occupant, or guest of the lessee or occupant that would | ||||||
| 4 | constitute a felony or a Class A misdemeanor under the laws of | ||||||
| 5 | this State shall give the owner or lessor the right to void the | ||||||
| 6 | lease and recover possession of the leased premises. Failure to | ||||||
| 7 | include this language in a lease or if the lease is oral shall | ||||||
| 8 | not waive or impair the rights of the lessor or lessor's | ||||||
| 9 | assignee under this Section or the lease. | ||||||
| 10 | (b) The owner or lessor may bring a forcible entry and | ||||||
| 11 | detainer action, or,
if
the State's Attorney of the county in | ||||||
| 12 | which the real property is
located or the corporation counsel | ||||||
| 13 | of the municipality in which the real property is located | ||||||
| 14 | agrees, assign to that State's Attorney or corporation counsel | ||||||
| 15 | the right to bring a forcible
entry and detainer action on | ||||||
| 16 | behalf of
the owner or lessor, against the lessee and all | ||||||
| 17 | occupants of the leased
premises. The assignment must be in | ||||||
| 18 | writing on a form prepared by the State's
Attorney of the | ||||||
| 19 | county in which the real property is located or the corporation | ||||||
| 20 | counsel of the municipality in which the real property is | ||||||
| 21 | located, as applicable. If the owner or
lessor assigns the | ||||||
| 22 | right to bring a forcible entry and detainer action, the
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| 23 | assignment shall be limited to those rights and duties up to | ||||||
| 24 | and including
delivery of the order of eviction to the sheriff | ||||||
| 25 | for execution. The owner or
lessor shall remain liable for the | ||||||
| 26 | cost of the eviction whether or not the
right to bring the | ||||||
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| 1 | forcible entry and detainer action has been assigned. | ||||||
| 2 | (c) A person does not forfeit any part of his or her | ||||||
| 3 | security deposit due
solely to an eviction under the provisions | ||||||
| 4 | of this Section, except that a
security deposit may be used to | ||||||
| 5 | pay fees charged by the sheriff for carrying
out an eviction. | ||||||
| 6 | (d) If a lessor or the lessor's assignee voids a lease or | ||||||
| 7 | contract under the
provisions of this Section and the tenant or | ||||||
| 8 | occupant has not vacated the
premises within 5 days after | ||||||
| 9 | receipt of a written notice to vacate the
premises, the lessor | ||||||
| 10 | or lessor's assignee may seek relief under this Article
IX. | ||||||
| 11 | Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | ||||||
| 12 | judgment for costs against a plaintiff seeking
possession of | ||||||
| 13 | the premises under this Section shall not be awarded to the
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| 14 | defendant unless the action was brought by the plaintiff in bad | ||||||
| 15 | faith. An
action to possess premises under this Section shall | ||||||
| 16 | not be deemed to be in bad
faith when the plaintiff based his | ||||||
| 17 | or her cause of action on information
provided to him or her by | ||||||
| 18 | a law enforcement agency, or the State's Attorney, or the | ||||||
| 19 | municipality. | ||||||
| 20 | (e) After a trial, if the court finds, by a
preponderance | ||||||
| 21 | of the evidence,
that the allegations in the complaint have | ||||||
| 22 | been proven, the court
shall enter judgment for possession of | ||||||
| 23 | the premises in favor of the plaintiff
and the court shall | ||||||
| 24 | order that the plaintiff shall be entitled to re-enter the
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| 25 | premises immediately. | ||||||
| 26 | (f) A judgment for
possession of the premises entered in an | ||||||
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| 1 | action brought by a lessor or lessor's
assignee, if the action | ||||||
| 2 | was brought
as a result of a lessor or lessor's assignee | ||||||
| 3 | declaring a lease void
pursuant to this Section,
may not be | ||||||
| 4 | stayed for any period in excess of 7 days by the court unless | ||||||
| 5 | all
parties agree to a longer period.
Thereafter the plaintiff | ||||||
| 6 | shall be entitled to re-enter the premises
immediately. The | ||||||
| 7 | sheriff or other lawfully deputized officers shall execute an
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| 8 | order entered pursuant to this Section
within 7 days of its | ||||||
| 9 | entry, or within 7 days of the expiration of
a stay of | ||||||
| 10 | judgment, if one is entered. | ||||||
| 11 | (g) Nothing in this Section shall limit the rights of an | ||||||
| 12 | owner or lessor
to bring a forcible entry and detainer action | ||||||
| 13 | on the basis of other applicable
law. | ||||||
| 14 | (Source: P.A. 90-360, eff. 1-1-98.)
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| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law.".
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