Illinois General Assembly - Full Text of SB3658
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Full Text of SB3658  103rd General Assembly

SB3658 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3658

 

Introduced 2/9/2024, by Sen. Dave Syverson

 

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. Provides that no person shall have a right or legal standing to occupy or remain on or in any real property, residence, or structure where he or she has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or no documentation of payment of rent made to the owner of the property. Provides that all persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. Provides that no subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibit subleases. Provides that a sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record to depart.


LRB103 39454 JRC 69648 b

 

 

A BILL FOR

 

SB3658LRB103 39454 JRC 69648 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 13-102 as follows:
 
6    (735 ILCS 5/13-102)  (from Ch. 110, par. 13-102)
7    Sec. 13-102. Breach of condition subsequent. No person
8shall commence an action for the recovery of lands, nor make an
9entry thereon, by reason of the breach of a condition
10subsequent, unless within 7 years after the time that
11condition is first broken. Continuing, successive or recurring
12breaches shall not extend the time for commencing the action
13or making the entry. Possession shall be deemed to be adverse
14and hostile from and after the first breach of a condition
15subsequent, notwithstanding the occurrence of successive or
16recurrent breaches. Possession is not adverse and hostile for
17any time during a 7-year period the person was in possession of
18lands in violation of Section 21 of the Landlord and Tenant
19Act.
20(Source: P.A. 82-280.)
 
21    Section 10. The Landlord and Tenant Act is amended by
22adding Section 21 as follows:
 

 

 

SB3658- 2 -LRB103 39454 JRC 69648 b

1    (765 ILCS 705/21 new)
2    Sec. 21. Illegal possession of property. No person shall
3have a right or legal standing to occupy or remain on or in any
4real property, residence, or structure where he or she has no
5written property interest under a written lease or rental
6agreement with the owner of the property listed in county tax
7records, or the owner's agent, or no documentation of payment
8of rent made to the owner of the property, or the owner's
9agent. All persons legally occupying a property, residence, or
10structure shall be listed by name and date of birth on a lease,
11rental agreement, or rental application associated with the
12lease or rental agreement or provide evidence that the person
13is an invitee of a lessee or authorized occupant of the
14property. No subleasing shall be allowed or deemed as legal in
15contrast to a lease or rental agreement that specifically
16prohibit subleases. A sublease made in violation of a lease or
17rental agreement shall not establish legal standing to occupy
18or remain on or in any real property, residence, or structure
19by the sublessee and the sublessee shall vacate the property
20after receiving notice from the property owner of record, or
21the property owner's designee, to depart. If a person
22occupying a property as an invitee of a lessee or a authorized
23occupant of the property, the property owner shall comply with
24the notification requirements of subsection (g) of Section
259-106.2 of the Code of Civil Procedure.