Rep. Anthony DeLuca
Filed: 3/15/2011
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1 | AMENDMENT TO HOUSE BILL 1309
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2 | AMENDMENT NO. ______. Amend House Bill 1309 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:
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6 | (735 ILCS 5/9-120)
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7 | Sec. 9-120.
Leased premises used in furtherance of a | ||||||
8 | criminal offense;
lease void at option of lessor or assignee.
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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 for a residential dwelling unit shall contain | ||||||
2 | language that the commission of any act on the premises by the | ||||||
3 | lessee, occupant, household member of the lessee or occupant, | ||||||
4 | or guest of the lessee or occupant that would constitute a | ||||||
5 | felony or a Class A misdemeanor under the laws of this State | ||||||
6 | shall give the owner or lessor the right to void the lease and | ||||||
7 | recover possession of the leased premises. Failure to include | ||||||
8 | or state this language in an oral or written lease for a | ||||||
9 | residential dwelling unit shall not waive or impair the rights | ||||||
10 | of the lessor or lessor's assignee under this Section or the | ||||||
11 | lease.
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12 | (b) The owner or lessor may bring a forcible entry and | ||||||
13 | detainer action, or,
if
the State's Attorney of the county in | ||||||
14 | which the real property is
located or the corporation counsel | ||||||
15 | of the municipality in which the real property is located | ||||||
16 | agrees, assign to that State's Attorney or corporation counsel | ||||||
17 | the right to bring a forcible
entry and detainer action on | ||||||
18 | behalf of
the owner or lessor, against the lessee and all | ||||||
19 | occupants of the leased
premises alleging the criminal activity | ||||||
20 | and any other lease violations to be considered . The assignment | ||||||
21 | must be in writing on a form prepared by the State's
Attorney | ||||||
22 | of the county in which the real property is located or the | ||||||
23 | corporation counsel of the municipality in which the real | ||||||
24 | property is located, as applicable . If the owner or
lessor | ||||||
25 | assigns the right to bring a forcible entry and detainer | ||||||
26 | action, the
assignment shall be limited to those rights and |
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1 | duties up to and including
delivery of the order of eviction to | ||||||
2 | the sheriff for execution. The owner or
lessor shall remain | ||||||
3 | liable for the cost of the eviction whether or not the
right to | ||||||
4 | bring the forcible entry and detainer action has been assigned.
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5 | (c) A person does not forfeit any part of his or her | ||||||
6 | security deposit due
solely to an eviction under the provisions | ||||||
7 | of this Section, except that a
security deposit may be used to | ||||||
8 | pay fees charged by the sheriff for carrying
out an eviction.
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9 | (d) If a lessor or the lessor's assignee voids a lease or | ||||||
10 | contract under the
provisions of this Section and the tenant or | ||||||
11 | occupant has not vacated the
premises within 5 days after | ||||||
12 | receipt of a written notice to vacate the
premises , the lessor | ||||||
13 | or lessor's assignee may seek relief as if the tenant were | ||||||
14 | holding over after the expiration of his or her term under this | ||||||
15 | Article
IX . Notwithstanding Sections 9-112, 9-113, and 9-114
of | ||||||
16 | this Code, judgment for costs against a plaintiff seeking
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17 | possession of the premises under this Section shall not be | ||||||
18 | awarded to the
defendant unless the action was brought by the | ||||||
19 | plaintiff in bad faith. An
action to possess premises under | ||||||
20 | this Section shall not be deemed to be in bad
faith when the | ||||||
21 | plaintiff based his or her cause of action on information
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22 | provided to him or her by a law enforcement agency or the | ||||||
23 | State's Attorney , or the municipality .
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24 | (e) After a trial, if the court finds, by a
preponderance | ||||||
25 | of the evidence,
that the allegations of criminal activity in | ||||||
26 | the complaint have been proven, the court
shall enter judgment |
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1 | for possession of the premises in favor of the lessor plaintiff
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2 | and the court shall order that the plaintiff shall be entitled | ||||||
3 | to re-enter the
premises immediately. After a trial, if the | ||||||
4 | court finds that criminal activity has not been proven, but has | ||||||
5 | found: (i) that the tenant or occupant has otherwise violated | ||||||
6 | the lease in a manner so as to be a significant disturbance to | ||||||
7 | the quiet enjoyment of other tenants or neighbors, and (ii) | ||||||
8 | that the lessor had previously given written notice to the | ||||||
9 | tenant or occupant, delivered by personal service or by posting | ||||||
10 | on the premises, of such lease violation at least 10 days prior | ||||||
11 | to the start of recovery of possession under this Section, then | ||||||
12 | the court may enter judgment for possession of the premises in | ||||||
13 | favor of the plaintiff and the court shall order that the | ||||||
14 | lessor shall be entitled to re-enter the premises immediately.
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15 | (f) A judgment for
possession of the premises entered in an | ||||||
16 | action brought by a lessor or lessor's
assignee, if the action | ||||||
17 | was brought
as a result of a lessor or lessor's assignee | ||||||
18 | declaring a lease void
pursuant to this Section,
may not be | ||||||
19 | stayed for any period in excess of 7 days by the court unless | ||||||
20 | all
parties agree to a longer period.
Thereafter the plaintiff | ||||||
21 | shall be entitled to re-enter the premises
immediately. The | ||||||
22 | sheriff or other lawfully deputized officers shall execute an
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23 | order entered pursuant to this Section
within 7 days of its | ||||||
24 | entry, or within 7 days of the expiration of
a stay of | ||||||
25 | judgment, if one is entered.
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26 | (g) Nothing in this Section shall limit the rights of an |
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1 | owner or lessor
to bring a forcible entry and detainer action | ||||||
2 | on the basis of other applicable
law.
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3 | (Source: P.A. 90-360, eff. 1-1-98.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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