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1 | AN ACT concerning property.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mobile Home Landlord and Tenant Rights Act | |||||||||||||||||||||
5 | is amended by changing Sections 6 and 8 as follows:
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6 | (765 ILCS 745/6) (from Ch. 80, par. 206)
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7 | Sec. 6. Minimum lease terms of required written lease
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8 | Obligation of Park Owner to Offer Written Lease . | |||||||||||||||||||||
9 | (a) No person
shall offer a mobile home or lot for rent or | |||||||||||||||||||||
10 | sale in a mobile home park
without having first exhibited to | |||||||||||||||||||||
11 | the prospective tenant or purchaser a
copy of the lease | |||||||||||||||||||||
12 | applicable to the respective mobile home park.
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13 | (b)
(a) The park owner shall be required to offer to each | |||||||||||||||||||||
14 | present and
future tenant a written lease for a term of not | |||||||||||||||||||||
15 | less than 2 years
12 months ,
unless the parties agree to a | |||||||||||||||||||||
16 | different term subject to existing leases
which shall be | |||||||||||||||||||||
17 | continued pursuant to their terms.
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18 | (c) A prospective tenant who executes a lease pursuant to | |||||||||||||||||||||
19 | this Section may cancel the lease by notifying the park owner | |||||||||||||||||||||
20 | in writing within 5 business days after the prospective | |||||||||||||||||||||
21 | tenant's execution of the lease. The park owner shall return | |||||||||||||||||||||
22 | any downpayment, security deposit, or rent paid by the | |||||||||||||||||||||
23 | prospective tenant within 10 days after receiving the written |
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1 | cancellation. If the park owner enters into an agreement to | ||||||
2 | sell a mobile home to a prospective tenant or lease it to a | ||||||
3 | prospective tenant with an option to purchase, the prospective | ||||||
4 | tenant may cancel the sale or lease-purchase agreement along | ||||||
5 | with the lease by notifying the park owner in writing within 5 | ||||||
6 | business days after the prospective tenant's execution of the | ||||||
7 | lease. The park owner shall, within 10 days after receiving the | ||||||
8 | written cancellation, refund all consideration paid by the | ||||||
9 | prospective tenant and cancel any debt relating to the purchase | ||||||
10 | or lease of the mobile home. | ||||||
11 | (d) The maximum amount that a park owner may recover as | ||||||
12 | damages for a tenant's early termination of a lease is 2 months | ||||||
13 | rent. However, if the lot is leased to another tenant within 20 | ||||||
14 | days of vacating, the damages shall be a maximum of rent for | ||||||
15 | one month. | ||||||
16 | (e) In the lease, the park owner shall fully and clearly | ||||||
17 | set forth the amounts or methods of determining any rental | ||||||
18 | increases for any and all renewals of the lease. | ||||||
19 | (f) The park owner shall not charge or impose upon a tenant | ||||||
20 | any fee or increase in rent which reflects the cost to the park | ||||||
21 | owner of any fine, forfeiture, penalty, money damages, or fee | ||||||
22 | assessed or awarded by a court of law against the park owner, | ||||||
23 | including any attorney's fees and costs incurred by the park | ||||||
24 | owner in connection therewith.
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25 | (g)
(b) Tenants in possession on the effective date of this | ||||||
26 | Act shall
have 30 days after receipt of the offer for a written |
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1 | lease within which
to accept or reject such offer; during which | ||||||
2 | period, the rent may not be
increased or any other terms and | ||||||
3 | conditions changed, except as permitted
under this Act; | ||||||
4 | providing that if the tenant has not so elected he shall
vacate | ||||||
5 | within the 30 day period.
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6 | (h)
(c) The park owner shall notify his tenants in writing | ||||||
7 | not later
than 30 days after the effective date of this Act, | ||||||
8 | that a written lease
shall be available to the tenant and that | ||||||
9 | such lease is being offered in
compliance with and will conform | ||||||
10 | to the requirements of this Act.
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11 | (i) If a tenant leaves a mobile home park temporarily | ||||||
12 | because of illness or disability and the tenant or the tenant's | ||||||
13 | guardian or representative designates a relative or relatives | ||||||
14 | of the tenant to live in the home until the tenant is able to | ||||||
15 | return, the park owner shall allow the relative or relatives to | ||||||
16 | reside in the home so long as the terms of the lease continue | ||||||
17 | to be met. If the tenant's lease provides that before any | ||||||
18 | person may occupy the home he or she must first submit to a | ||||||
19 | criminal, credit, or financial background check and be approved | ||||||
20 | by the park owner, then that term of the lease must be met | ||||||
21 | before the relative or relatives may live in the home.
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22 | (Source: P.A. 81-1509.)
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23 | (765 ILCS 745/8) (from Ch. 80, par. 208)
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24 | Sec. 8. Renewal of Lease. | ||||||
25 | (a) At the expiration of a lease, including one that is a |
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1 | renewal of a previous lease, the lease shall be renewed | ||||||
2 | automatically for a term of 2 years with the same terms as the | ||||||
3 | previous lease, unless: | ||||||
4 | (1) the tenant notifies the park owner 30 days prior to | ||||||
5 | the expiration of the lease that he or she does not intend | ||||||
6 | to renew the lease; | ||||||
7 | (2) the park owner notifies the tenant 30 days prior to | ||||||
8 | the expiration of the lease that the lease will not be | ||||||
9 | renewed and specifies in writing one or more of the | ||||||
10 | following reasons: violation of park rules; violation of | ||||||
11 | health and safety codes; or irregular or non-payment of | ||||||
12 | rent; | ||||||
13 | (3) the park owner seeks to change the terms of the | ||||||
14 | agreement pursuant to subsections (b), (c), and (d), in | ||||||
15 | which case the procedures set forth in those subsections | ||||||
16 | shall apply; or | ||||||
17 | (4) the park owner elects to cease the operation of | ||||||
18 | either all or a portion of the mobile home park. The | ||||||
19 | tenants shall be entitled to at least 12 months notice of | ||||||
20 | the cessation of operations. If 12 months or more remain on | ||||||
21 | the existing lease at the time of notice, the tenant is | ||||||
22 | entitled to the balance of the term of his or her lease. If | ||||||
23 | there are less than 12 months remaining in the term of his | ||||||
24 | or her lease, the tenant is entitled to the balance of his | ||||||
25 | or her lease plus a written month-to-month tenancy, at the | ||||||
26 | expiring lease rate to provide him or her with a full 12 |
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1 | months notice. | ||||||
2 | (b) Six months prior to the expiration of the lease, the | ||||||
3 | park owner shall offer the tenant a renewal lease with a term | ||||||
4 | of at least 2 years with the proposed rental amount and any fee | ||||||
5 | or other lease changes for that term.
Every lease of a mobile | ||||||
6 | home or lot in a mobile
home park shall contain an option which | ||||||
7 | automatically renews the
lease; unless: (a) the tenant shall | ||||||
8 | notify the owners 30 days prior to the
expiration of the lease | ||||||
9 | that he does not intend to renew the lease; or (b)
the park | ||||||
10 | owner shall notify the tenant
30 days prior to the expiration | ||||||
11 | of the lease that the lease will not be
renewed and specify in | ||||||
12 | writing the reasons, such as violations of park rules,
health | ||||||
13 | and safety codes or irregular or non-payment of rent; or (c) | ||||||
14 | the
park owner elects to cease the operation of either all or a | ||||||
15 | portion of the
mobile home park. The tenants shall be entitled | ||||||
16 | to at least 12 months
notice of such ceasing of operations. If | ||||||
17 | 12 months or more remain on the
existing lease at the time of | ||||||
18 | notice, the tenant is entitled to the balance
of the term of | ||||||
19 | his lease. If there is less than 12 months remaining in the
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20 | term of his lease, the tenant is entitled to the balance of his | ||||||
21 | lease plus
a written month to month tenancy, at the expiring | ||||||
22 | lease rate to provide him
with a full 12 months notice.
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23 | All notices required under this Section shall be by | ||||||
24 | certified mail or
personal service. Certified mail shall be | ||||||
25 | deemed to be effective upon the
date of mailing.
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26 | (Source: P.A. 87-1078.)
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