Full Text of SB0758 100th General Assembly
SB0758sam001 100TH GENERAL ASSEMBLY | Sen. Jason A. Barickman Filed: 2/22/2017
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| 1 | | AMENDMENT TO SENATE BILL 758
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 758 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-211 as follows:
| 6 | | (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
| 7 | | Sec. 9-211. Service of demand or notice. | 8 | | (a) Except as provided in subsection (b), any Any demand | 9 | | may be made or notice
served by delivering a
written or | 10 | | printed, or partly written and printed, copy thereof to the
| 11 | | tenant, or by leaving the same with some person of the age
of | 12 | | 13
years or upwards, residing on or in possession of the | 13 | | premises; or by sending a
copy of the notice to the tenant by | 14 | | certified or registered mail, with
a returned receipt from the | 15 | | addressee; and in case no one is in the
actual possession of | 16 | | the premises, then by posting the same on the
premises. |
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| 1 | | (b) If the landlord is unable to obtain service of the | 2 | | demand as provided in subsection (a), then the landlord or his | 3 | | or her agent or attorney may file an affidavit stating that the
| 4 | | tenant or unknown occupant is not a resident of this State, or | 5 | | has departed from this
State, or on due inquiry cannot be | 6 | | found, or is concealed within this
State so that the demand | 7 | | cannot be served upon him or her, and also stating the
place of | 8 | | residence of the tenant or unknown occupant, if known, or if
| 9 | | not known, that
upon diligent inquiry the affiant has not been | 10 | | able to ascertain the
place of residence of the tenant or | 11 | | unknown occupant, then in all such
forcible detainer cases
| 12 | | whether or not a claim for rent is joined with the complaint | 13 | | for
possession, the tenant or unknown occupant may be notified | 14 | | of the demand by posting
and mailing of
notices; or by | 15 | | publication and mailing, as provided for in
Section 2-206 of | 16 | | this Code. However, if the tenant or unknown
occupant is | 17 | | notified of the demand by
posting and mailing of notices or by | 18 | | publication and mailing, and the
tenant or unknown occupant | 19 | | does not appear generally, the court may rule
only on the
| 20 | | portion of the complaint which seeks judgment for possession, | 21 | | and the
court shall not enter judgment as to any rent claim | 22 | | joined in the
complaint or enter personal judgment for any | 23 | | amount owed by a unit owner
for his or her proportionate share | 24 | | of the common expenses; however, an in
rem judgment may be | 25 | | entered against the unit for the amount of common expenses
due, | 26 | | any other expenses lawfully agreed upon or the amount of any |
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| 1 | | unpaid
fine, together with reasonable attorney's fees, if any, | 2 | | and costs. The claim
for rent may remain pending until such | 3 | | time as the
tenant or unknown occupant appears generally or is | 4 | | served with summons, but the order for
possession shall be | 5 | | final, enforceable, and appealable if the court makes
an | 6 | | express written finding that there is no just reason for | 7 | | delaying
enforcement or appeal, as provided by Supreme Court | 8 | | rule of this State. | 9 | | The sheriff shall
post 3 copies of the demand in 3 public | 10 | | places in the neighborhood of
the court where the cause is to | 11 | | be tried, at least 10 days prior to the
filing of the action, | 12 | | and, if the place of residence of the
tenant or unknown | 13 | | occupant is stated in any affidavit on file, shall at the
same | 14 | | time
mail one copy of the demand addressed to the tenant or | 15 | | unknown occupant at
the place of
residence shown in the | 16 | | affidavit. On or before the day set for the
appearance, the | 17 | | sheriff shall file the demand with an endorsement thereon
| 18 | | stating the time when and places where the sheriff posted and | 19 | | to whom and
at what address he or she mailed a copy of the | 20 | | demand as required by this Section. For want
of sufficient | 21 | | notice of the demand any cause may be continued from time to | 22 | | time until
the demand has been served upon the tenant or | 23 | | unknown occupant.
| 24 | | (Source: P.A. 83-355.)".
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