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Full Text of SB1866  102nd General Assembly

SB1866 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1866

 

Introduced 2/26/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-107  from Ch. 110, par. 9-107
735 ILCS 5/9-211  from Ch. 110, par. 9-211

    Amends the Eviction Article of the Code of Civil Procedure. Provides that if the landlord, or the landlord's agent or attorney, is unable to personally serve the demand on the tenant, then constructive service of the demand may be accomplished. Makes corresponding changes.


LRB102 15842 LNS 21211 b

 

 

A BILL FOR

 

SB1866LRB102 15842 LNS 21211 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-107 and 9-211 as follows:
 
6    (735 ILCS 5/9-107)  (from Ch. 110, par. 9-107)
7    Sec. 9-107. Constructive service. If: (1) the plaintiff,
8his or her agent, or attorney files an eviction action, with or
9without joinder of a claim for rent in the complaint, and is
10unable to obtain personal service on the defendant or unknown
11occupant and a summons duly issued in such action is returned
12without service stating that service can not be obtained; or
13(2) the landlord, or the landlord's agent or attorney, is
14unable to personally serve the demand on the tenant by any of
15the means listed in Section 9-211 of this Code, then the
16plaintiff or landlord or , his or her agent or attorney may
17file an affidavit stating that the defendant or unknown
18occupant is not a resident of this State, or has departed from
19this State, or on due inquiry cannot be found, or is concealed
20within this State so that the demand or process cannot be
21served upon him or her, and also stating the place of residence
22of the defendant or unknown occupant, if known, or if not
23known, that upon diligent inquiry the affiant has not been

 

 

SB1866- 2 -LRB102 15842 LNS 21211 b

1able to ascertain the defendant's or unknown occupant's place
2of residence, then in all such eviction cases whether or not a
3claim for rent is joined with the complaint for possession,
4the defendant or unknown occupant may be notified by posting
5and mailing of notices; or by publication and mailing, as
6provided for in Section 2-206 of this Act. However, in cases
7where the defendant or unknown occupant is notified by posting
8and mailing of notices or by publication and mailing, and the
9defendant or unknown occupant does not appear generally, the
10court may rule only on the portion of the complaint which seeks
11an eviction order, and the court shall not enter judgment as to
12any rent claim joined in the complaint or enter personal
13judgment for any amount owed by a unit owner for his or her
14proportionate share of the common expenses, however, an in rem
15judgment may be entered against the unit for the amount of
16common expenses due, any other expenses lawfully agreed upon
17or the amount of any unpaid fine, together with reasonable
18attorney fees, if any, and costs. The claim for rent may remain
19pending until such time as the defendant or unknown occupant
20appears generally or is served with summons, but the eviction
21order shall be final, enforceable and appealable if the court
22makes an express written finding that there is no just reason
23for delaying enforcement or appeal, as provided by Supreme
24Court rule of this State.
25    The contents of the demand shall be as provided in this
26Article. The notice of the summons Such notice shall be in the

 

 

SB1866- 3 -LRB102 15842 LNS 21211 b

1name of the clerk of the court, be directed to the defendant or
2unknown occupant, shall state the nature of the cause against
3the defendant or unknown occupant and at whose instance issued
4and the time and place for trial, and shall also state that
5unless the defendant or unknown occupant appears at the time
6and place fixed for trial, judgment will be entered by
7default, and shall specify the character of the judgment that
8will be entered in such cause. The sheriff shall post 3 copies
9of the demand or notice of summons notice in 3 public places in
10the neighborhood of the court where the cause is to be tried,
11at least 10 days prior to the day set for the appearance, and,
12if the place of residence of the defendant or unknown occupant
13is stated in any affidavit on file, shall at the same time mail
14one copy of the notice addressed to such defendant or unknown
15occupant at such place of residence shown in such affidavit.
16On or before the day set for the appearance, the sheriff shall
17file the notice with an endorsement thereon stating the time
18when and places where the sheriff posted and to whom and at
19what address he or she mailed copies as required by this
20Section. For want of sufficient notice any cause may be
21continued from time to time until the court has jurisdiction
22of the defendant or unknown occupant.
23(Source: P.A. 100-173, eff. 1-1-18.)
 
24    (735 ILCS 5/9-211)  (from Ch. 110, par. 9-211)
25    Sec. 9-211. Service of demand or notice. Except as

 

 

SB1866- 4 -LRB102 15842 LNS 21211 b

1provided in Section 9-107, any Any demand may be made or notice
2served by delivering a written or printed, or partly written
3and printed, copy thereof to the tenant, or by leaving the same
4with some person of the age of 13 years or upwards, residing on
5or in possession of the premises; or by sending a copy of the
6notice to the tenant by certified or registered mail, with a
7returned receipt from the addressee; and in case no one is in
8the actual possession of the premises, then by posting the
9same on the premises.
10(Source: P.A. 83-355.)