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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5305 Introduced 2/9/2024, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
| | 735 ILCS 5/13-102 | from Ch. 110, par. 13-102 | 765 ILCS 705/21 new | |
| Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act to provide that no person has a right to occupy or remain on or in any real property, residence, or structure in which the person has no written property interest under a written lease or rental agreement with the owner of the property. Provides that all persons legally occupying the property, residence, or structure shall be listed by name and date of birth on leases, rental agreements, or the rental application associated with the lease or rental agreement. Provides that no subleasing is allowed unless it is specifically allowed in the tenant's written lease or rental agreement with the owner. Provides that any such violation of the lease or rental agreement does not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee who must vacate the property after receiving notice to vacate from the property owner of record or the owner's agent. |
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| | A BILL FOR |
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| | HB5305 | | LRB103 37259 JRC 67379 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 13-102 as follows:
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| 6 | | (735 ILCS 5/13-102) (from Ch. 110, par. 13-102) |
| 7 | | Sec. 13-102. Breach of condition subsequent. No person |
| 8 | | shall commence an action for the recovery of lands, nor make an |
| 9 | | entry thereon, by reason of the breach of a condition |
| 10 | | subsequent, unless within 7 years after the time that |
| 11 | | condition is first broken. Continuing, successive or recurring |
| 12 | | breaches shall not extend the time for commencing the action |
| 13 | | or making the entry. Possession shall be deemed to be adverse |
| 14 | | and hostile from and after the first breach of a condition |
| 15 | | subsequent, notwithstanding the occurrence of successive or |
| 16 | | recurrent breaches. Possession is not adverse and hostile for |
| 17 | | any time during a 7-year period the person was in possession of |
| 18 | | lands in violation of Section 21 of the Landlord and Tenant |
| 19 | | Act. |
| 20 | | (Source: P.A. 82-280.)
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| 21 | | Section 10. The Landlord and Tenant Act is amended by |
| 22 | | adding Section 21 as follows:
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