Illinois General Assembly - Full Text of SB1766
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Full Text of SB1766  97th General Assembly




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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 9-120 as follows:
6    (735 ILCS 5/9-120)
7    Sec. 9-120. Leased premises used in furtherance of a
8criminal offense; lease void at option of lessor or assignee.
9    (a) If any lessee or occupant, on one or more occasions,
10uses or permits the use of leased premises for the commission
11of any act that would constitute a felony or a Class A
12misdemeanor under the laws of this State, the lease or rental
13agreement shall, at the option of the lessor or the lessor's
14assignee become void, and the owner or lessor shall be entitled
15to recover possession of the leased premises as against a
16tenant holding over after the expiration of his or her term. A
17written lease shall notify the lessee that if any lessee or
18occupant, on one or more occasions, uses or permits the use of
19the leased premises for the commission of a felony or Class A
20misdemeanor under the laws of this State, the lessor shall have
21the right to void the lease and recover the leased premises.
22Failure to include this language in a written lease or the use
23of an oral lease shall not waive or impair the rights of the



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1lessor or lessor's assignee under this Section or the lease.
2This Section shall not be construed so as to diminish the
3rights of a lessor, if any, to terminate a lease for other
4reasons permitted under law or pursuant to the lease agreement.
5    (b) The owner or lessor may bring a forcible entry and
6detainer action, or, if the State's Attorney of the county in
7which the real property is located or the corporation counsel
8of the municipality in which the real property is located
9agrees, assign to that State's Attorney or corporation counsel
10the right to bring a forcible entry and detainer action on
11behalf of the owner or lessor, against the lessee and all
12occupants of the leased premises. The assignment must be in
13writing on a form prepared by the State's Attorney of the
14county in which the real property is located or the corporation
15counsel of the municipality in which the real property is
16located, as applicable. If the owner or lessor assigns the
17right to bring a forcible entry and detainer action, the
18assignment shall be limited to those rights and duties up to
19and including delivery of the order of eviction to the sheriff
20for execution. The owner or lessor shall remain liable for the
21cost of the eviction whether or not the right to bring the
22forcible entry and detainer action has been assigned.
23    (c) A person does not forfeit any part of his or her
24security deposit due solely to an eviction under the provisions
25of this Section, except that a security deposit may be used to
26pay fees charged by the sheriff for carrying out an eviction.



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1    (d) If a lessor or the lessor's assignee voids a lease or
2contract under the provisions of this Section and the tenant or
3occupant has not vacated the premises within 5 days after
4receipt of a written notice to vacate the premises, the lessor
5or lessor's assignee may seek relief under this Article IX.
6Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code,
7judgment for costs against a plaintiff seeking possession of
8the premises under this Section shall not be awarded to the
9defendant unless the action was brought by the plaintiff in bad
10faith. An action to possess premises under this Section shall
11not be deemed to be in bad faith when the plaintiff based his
12or her cause of action on information provided to him or her by
13a law enforcement agency, or the State's Attorney, or the
15    (e) After a trial, if the court finds, by a preponderance
16of the evidence, that the allegations in the complaint have
17been proven, the court shall enter judgment for possession of
18the premises in favor of the plaintiff and the court shall
19order that the plaintiff shall be entitled to re-enter the
20premises immediately.
21    (f) A judgment for possession of the premises entered in an
22action brought by a lessor or lessor's assignee, if the action
23was brought as a result of a lessor or lessor's assignee
24declaring a lease void pursuant to this Section, may not be
25stayed for any period in excess of 7 days by the court unless
26all parties agree to a longer period. Thereafter the plaintiff



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1shall be entitled to re-enter the premises immediately. The
2sheriff or other lawfully deputized officers shall execute an
3order entered pursuant to this Section within 7 days of its
4entry, or within 7 days of the expiration of a stay of
5judgment, if one is entered.
6    (g) Nothing in this Section shall limit the rights of an
7owner or lessor to bring a forcible entry and detainer action
8on the basis of other applicable law.
9(Source: P.A. 90-360, eff. 1-1-98.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.