Full Text of SB2124 95th General Assembly
SB2124sam003 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 4/10/2008
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09500SB2124sam003 |
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LRB095 19293 AJO 49179 a |
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| AMENDMENT TO SENATE BILL 2124
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| AMENDMENT NO. ______. Amend Senate Bill 2124, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Code of Civil Procedure is amended by | 6 |
| changing Section 9-106 and by adding Section 9-121 as follows:
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| (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
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| Sec. 9-106. Pleadings and evidence. | 9 |
| (a) On complaint by the party or parties
entitled to
the | 10 |
| possession of such premises being filed in the circuit court | 11 |
| for the
county where such premises are situated, stating that | 12 |
| such party is
entitled to the possession of such premises | 13 |
| (describing the same with
reasonable certainty), and that the | 14 |
| defendant (naming the defendant) unlawfully
withholds the | 15 |
| possession thereof from him, her or them, the clerk of the
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| court shall issue a summons.
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| Except as provided in subsection (b) of this Section, the | 2 |
| The defendant may under a general denial of the allegations of | 3 |
| the
complaint offer in evidence any matter in defense of the | 4 |
| action.
Except as otherwise provided in Section 9-120,
no
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| matters not germane to the distinctive purpose of the | 6 |
| proceeding shall
be introduced by joinder, counterclaim or | 7 |
| otherwise. However,
a claim for rent may be joined in the | 8 |
| complaint, and judgment may be entered
for the amount of rent | 9 |
| found due.
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| (b) In the event a jury demand is filed by a defendant or a | 11 |
| defendant is granted a continuance in excess of 10 days from | 12 |
| the first date the case is heard before a judge: | 13 |
| (1) A verified answer shall be filed that specifically | 14 |
| sets
forth whether there is a denial of or a defense to the | 15 |
| service of the
notice from the plaintiff, if a notice is | 16 |
| required to obtain a judgment. Notices include, but are not | 17 |
| limited to, a demand for possession, 5 day notice, and | 18 |
| notice terminating a tenancy. If there is a defense or | 19 |
| denial, the specifics shall be set forth. If there is no | 20 |
| defense or denial, the defendant shall specifically state | 21 |
| that the notice was duly served and there are no defenses | 22 |
| thereto; and | 23 |
| (2) In addition, the verified answer shall state the | 24 |
| dollar amount of
rent the defendant believes is due. If | 25 |
| that amount is different from
the amount claimed by the | 26 |
| plaintiff, the defendant shall give specifics
as to the |
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| basis for the difference and attach copies of any | 2 |
| documentation supporting defendant's verified answer. | 3 |
| (c) A failure to provide a verified answer or to raise and | 4 |
| specify the defenses as required by subsection (b) shall be | 5 |
| deemed an admission by the defendant that there are no defenses | 6 |
| to either service of notice or the past due rent claimed. | 7 |
| (d) The clerk of the court may prepare a form for use by a | 8 |
| defendant to comply with this Section, but the failure to do so | 9 |
| shall not affect
the admissions under subsection (c). | 10 |
| (Source: P.A. 90-360, eff. 1-1-98.)
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| (735 ILCS 5/9-121 new) | 12 |
| Sec. 9-121. Stay of judgment for possession. Enforcement of | 13 |
| a judgment for possession in all actions for forcible entry and | 14 |
| detainer on Illinois real estate where the sole basis for the | 15 |
| judgment is non-payment of past rent against the occupant of a | 16 |
| single family residence or apartment, including condominiums, | 17 |
| shall be stayed until January 1, 2010, if prior to the entry of | 18 |
| the final judgment the actual tenant under a lease or rental | 19 |
| agreement tenders and thereafter makes timely payments of | 20 |
| current rent. | 21 |
| In the event current rent is not paid on a timely basis | 22 |
| after an order is entered that does not allow enforcement of | 23 |
| the possession portion of the order, the court on appropriate | 24 |
| motion shall enter an order allowing enforcement of possession | 25 |
| 7 days after entry of said order. |
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| Nothing in this Section is intended to preclude an action | 2 |
| or joint action for past due rent or immediate enforcement of a | 3 |
| judgment for past due rent.
This Section excludes actions where | 4 |
| the judgment is against a tenant whose occupancy is for a term | 5 |
| of less than month-to-month or whose rent, or a portion | 6 |
| thereof, is paid to the landlord by any federal or State agency | 7 |
| or unit of local government. | 8 |
| This Section excludes all actions in which: there is a new | 9 |
| landlord who is the purchaser of the property after a judgment | 10 |
| of foreclosure and sale; the landlord is an entity created by a | 11 |
| federal or State agency or unit of local government; the tenant | 12 |
| is found to have breached the rental agreement other than by | 13 |
| failing to pay past rent; or the basis for the action for | 14 |
| possession is based upon a statute concerning eminent domain, | 15 |
| drug use, or other specific matter. For the purpose of this | 16 |
| Section, "past rent" means any monetary payment due to the | 17 |
| landlord, including but not limited to security deposits, | 18 |
| penalties, attorney's fees, and similar charges. ".
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