Rep. Anthony DeLuca
Filed: 5/11/2011
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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 Sections 9-120 and 9-210 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 terminated void at option of lessor or | ||||||
9 | assignee.
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10 | (a) If any lessee or occupant, on one or more occasions, | ||||||
11 | uses or permits the
use of leased premises for the commission | ||||||
12 | of any act that would constitute a
felony or a Class A | ||||||
13 | misdemeanor under the laws of this State, and the lessor has | ||||||
14 | received written notification from a law enforcement agency of | ||||||
15 | the use of the leased premises for the commission of an act | ||||||
16 | that would constitute a felony or a Class A misdemeanor, then |
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1 | the lease or
rental agreement shall, at the option of the | ||||||
2 | lessor or
the lessor's
assignee be terminated become void , and | ||||||
3 | the owner or lessor shall be entitled to recover
possession of | ||||||
4 | the leased premises as against a tenant holding over after the
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5 | expiration of his or her term . A written lease shall state that | ||||||
6 | if the lessee or occupant uses or permits the use of the leased | ||||||
7 | premises for the commission of any act that would constitute a | ||||||
8 | felony or a Class A misdemeanor under the laws of this State, | ||||||
9 | the owner or lessor shall have the right to terminate the lease | ||||||
10 | and recover possession of the leased premises. Failure to | ||||||
11 | include this language in a lease, or the fact that the lease is | ||||||
12 | oral, shall not waive or impair the rights of the lessor or | ||||||
13 | lessor's assignee under this Section or the lease.
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14 | (b) The owner or lessor may bring a forcible entry and | ||||||
15 | detainer action, or,
if
the State's Attorney of the county in | ||||||
16 | which the real property is
located or the corporation counsel | ||||||
17 | of the municipality in which the real property is located | ||||||
18 | agrees, assign to that State's Attorney or corporation counsel | ||||||
19 | the right to bring a forcible
entry and detainer action on | ||||||
20 | behalf of
the owner or lessor, against the lessee and all | ||||||
21 | occupants of the leased
premises alleging the criminal activity | ||||||
22 | and any other alleged violations of the lease . The assignment | ||||||
23 | must be in writing on a form prepared by the State's
Attorney | ||||||
24 | of the county in which the real property is located or the | ||||||
25 | corporation counsel of the municipality in which the real | ||||||
26 | property is located, as applicable . If the owner or
lessor |
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1 | assigns the right to bring a forcible entry and detainer | ||||||
2 | action, the
assignment shall be limited to those rights and | ||||||
3 | duties up to and including
delivery of the order of eviction to | ||||||
4 | the sheriff for execution. The owner or
lessor shall remain | ||||||
5 | liable for the cost of the eviction whether or not the
right to | ||||||
6 | bring the forcible entry and detainer action has been assigned.
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7 | (c) A person does not forfeit any part of his or her | ||||||
8 | security deposit due
solely to an eviction under the provisions | ||||||
9 | of this Section, except that a
security deposit may be used to | ||||||
10 | pay fees charged by the sheriff for carrying
out an eviction.
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11 | (d) If a lessor or the lessor's assignee terminates voids a | ||||||
12 | lease or contract under the
provisions of this Section and the | ||||||
13 | tenant or occupant has not vacated the
premises within 5 days | ||||||
14 | after receipt of a written notice under Section 9-210 of this | ||||||
15 | Code is provided to vacate the
premises , the lessor or lessor's | ||||||
16 | assignee may seek relief under this Article
IX. Notwithstanding | ||||||
17 | Sections 9-112, 9-113, and 9-114
of this Code, judgment for | ||||||
18 | costs against a plaintiff seeking
possession of the premises | ||||||
19 | under this Section shall not be awarded to the
defendant unless | ||||||
20 | the action was brought by the plaintiff in bad faith. An
action | ||||||
21 | to possess premises under this Section shall not be deemed to | ||||||
22 | be in bad
faith when the plaintiff based his or her cause of | ||||||
23 | action on information
provided to him or her by a law | ||||||
24 | enforcement agency , or the State's Attorney , or the | ||||||
25 | municipality .
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26 | (e) After a trial, if the court finds, by a
preponderance |
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1 | of the evidence,
that the allegations in the complaint have | ||||||
2 | been proven, the court
shall enter judgment for possession of | ||||||
3 | the premises in favor of the lessor plaintiff
and the court | ||||||
4 | shall order that the lessor plaintiff shall be entitled to | ||||||
5 | re-enter the
premises immediately.
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6 | (f) A judgment for
possession of the premises entered in an | ||||||
7 | action brought by a lessor or lessor's
assignee based on an act | ||||||
8 | that would constitute a felony or a Class A misdemeanor , if the | ||||||
9 | action was brought
as a result of a lessor or lessor's assignee | ||||||
10 | declaring a lease terminated void
pursuant to this Section,
may | ||||||
11 | not be stayed for any period in excess of 7 days by the court | ||||||
12 | unless all
parties agree to a longer period.
Thereafter the | ||||||
13 | lessor plaintiff shall be entitled to re-enter the premises
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14 | immediately. The sheriff or other lawfully deputized officers | ||||||
15 | shall execute an
order entered pursuant to this Section
within | ||||||
16 | 7 days of its entry, or within 7 days of the expiration of
a | ||||||
17 | stay of judgment, if one is entered.
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18 | (g) In an action brought under this Section the court may | ||||||
19 | also consider actions for forcible entry and detainer brought | ||||||
20 | under other Sections of this Code. Nothing in this Section | ||||||
21 | shall limit the rights of an owner or lessor
to bring a | ||||||
22 | forcible entry and detainer action on the basis of other | ||||||
23 | applicable
law.
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24 | (Source: P.A. 90-360, eff. 1-1-98.)
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25 | (735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
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1 | Sec. 9-210. Notice to quit. When default is made in any of | ||||||
2 | the terms
of a lease, it is
not necessary to give more than 10 | ||||||
3 | days' notice , or, if the lessor is also providing notice of | ||||||
4 | termination pursuant to Section 9-120 of this Code, more than 5 | ||||||
5 | days' notice to quit, or of the
termination of such tenancy, | ||||||
6 | and the same may be terminated on giving
such notice to quit at | ||||||
7 | any time after such default in any of the terms
of such lease. | ||||||
8 | Such notice may be substantially in the following form:
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9 | "To A.B.: You are hereby notified that in consequence of | ||||||
10 | your default
in (here insert the character of the default) of | ||||||
11 | the premises now
occupied by you, being, etc., (here describe | ||||||
12 | the premises) I have
elected to terminate your lease, and you | ||||||
13 | are hereby notified to quit and
deliver up possession of the | ||||||
14 | same to me within 10 days of this date
(dated, etc.)." If the | ||||||
15 | lessor is also providing notice of termination pursuant to | ||||||
16 | Section 9-120 of this Code, "10 days" in the preceding sentence | ||||||
17 | shall be replaced by "5 days".
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18 | The notice is to be signed by the lessor or his or her | ||||||
19 | agent, and no other notice or
demand of possession or | ||||||
20 | termination of such tenancy is necessary.
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21 | (Source: P.A. 82-280.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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