Full Text of HB4463 97th General Assembly
HB4463 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4463 Introduced 1/30/2012, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-120 | | 735 ILCS 5/9-210 | from Ch. 110, par. 9-210 |
|
Amends the Code of Civil Procedure. Provides that if a lessor has received written notification from a law enforcement agency of the use of the leased premises for the commission of an act that would constitute a felony or Class A misdemeanor, then the lessor has the right to terminate (instead of void) the lease. Adds, in forcible entry and detainer provisions concerning a notice to quit when there is a default as to a term in a lease, that it is not necessary to give more than 5 days' notice if the lessor is also providing notice of termination because the premises were used in a felony or Class A misdemeanor. Makes other changes. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4463 | | LRB097 16477 AJO 61645 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 9-120 and 9-210 as follows: | 6 | | (735 ILCS 5/9-120) | 7 | | Sec. 9-120. Leased premises used in furtherance of a | 8 | | criminal offense;
lease terminated void at option of lessor or | 9 | | assignee. | 10 | | (a) If any lessee or occupant, on one or more occasions, | 11 | | uses or permits the
use of leased premises for the commission | 12 | | of any act that would constitute a
felony or a Class A | 13 | | misdemeanor under the laws of this State, and the lessor has | 14 | | received written notification from a law enforcement agency of | 15 | | the use of the leased premises for the commission of an act | 16 | | that would constitute a felony or a Class A misdemeanor, then | 17 | | the lease or
rental agreement shall, at the option of the | 18 | | lessor or
the lessor's
assignee be terminated become void , and | 19 | | the owner or lessor shall be entitled to recover
possession of | 20 | | the leased premises as against a tenant holding over after the
| 21 | | expiration of his or her term . A written lease shall notify the | 22 | | lessee that if any lessee or occupant, on one or more | 23 | | occasions, uses or permits the use of the leased premises for |
| | | HB4463 | - 2 - | LRB097 16477 AJO 61645 b |
|
| 1 | | the commission of a felony or Class A misdemeanor under the | 2 | | laws of this State, the lessor shall have the right to void the | 3 | | lease and recover the leased premises. Failure to include this | 4 | | language in a written lease or the use of an oral lease shall | 5 | | not waive or impair the rights of the lessor or lessor's | 6 | | assignee under this Section or the lease. This Section shall | 7 | | not be construed so as to diminish the rights of a lessor, if | 8 | | any, to terminate a lease for other reasons permitted under law | 9 | | or pursuant to the lease agreement. | 10 | | (b) The owner or lessor may bring a forcible entry and | 11 | | detainer action, or,
if
the State's Attorney of the county in | 12 | | which the real property is
located or the corporation counsel | 13 | | of the municipality in which the real property is located | 14 | | agrees, assign to that State's Attorney or corporation counsel | 15 | | the right to bring a forcible
entry and detainer action on | 16 | | behalf of
the owner or lessor, against the lessee and all | 17 | | occupants of the leased
premises alleging the criminal activity | 18 | | and any other alleged violations of the lease . The assignment | 19 | | must be in writing on a form prepared by the State's
Attorney | 20 | | of the county in which the real property is located or the | 21 | | corporation counsel of the municipality in which the real | 22 | | property is located, as applicable. If the owner or
lessor | 23 | | assigns the right to bring a forcible entry and detainer | 24 | | action, the
assignment shall be limited to those rights and | 25 | | duties up to and including
delivery of the order of eviction to | 26 | | the sheriff for execution. The owner or
lessor shall remain |
| | | HB4463 | - 3 - | LRB097 16477 AJO 61645 b |
|
| 1 | | liable for the cost of the eviction whether or not the
right to | 2 | | bring the forcible entry and detainer action has been assigned. | 3 | | (c) A person does not forfeit any part of his or her | 4 | | security deposit due
solely to an eviction under the provisions | 5 | | of this Section, except that a
security deposit may be used to | 6 | | pay fees charged by the sheriff for carrying
out an eviction. | 7 | | (d) If a lessor or the lessor's assignee terminates voids a | 8 | | lease or contract under the
provisions of this Section and the | 9 | | tenant or occupant has not vacated the
premises within 5 days | 10 | | after receipt of a written notice under Section 9-210 of this | 11 | | Code is provided to vacate the
premises , the lessor or lessor's | 12 | | assignee may seek relief under this Article
IX. Notwithstanding | 13 | | Sections 9-112, 9-113, and 9-114
of this Code, judgment for | 14 | | costs against a plaintiff seeking
possession of the premises | 15 | | under this Section shall not be awarded to the
defendant unless | 16 | | the action was brought by the plaintiff in bad faith. An
action | 17 | | to possess premises under this Section shall not be deemed to | 18 | | be in bad
faith when the plaintiff based his or her cause of | 19 | | action on information
provided to him or her by a law | 20 | | enforcement agency, the State's Attorney, or the municipality. | 21 | | (e) After a trial, if the court finds, by a
preponderance | 22 | | of the evidence,
that the allegations in the complaint have | 23 | | been proven, the court
shall enter judgment for possession of | 24 | | the premises in favor of the lessor plaintiff
and the court | 25 | | shall order that the lessor plaintiff shall be entitled to | 26 | | re-enter the
premises immediately. |
| | | HB4463 | - 4 - | LRB097 16477 AJO 61645 b |
|
| 1 | | (f) A judgment for
possession of the premises entered in an | 2 | | action brought by a lessor or lessor's
assignee based on an act | 3 | | that would constitute a felony or a Class A misdemeanor , if the | 4 | | action was brought
as a result of a lessor or lessor's assignee | 5 | | declaring a lease terminated void
pursuant to this Section,
may | 6 | | not be stayed for any period in excess of 7 days by the court | 7 | | unless all
parties agree to a longer period.
Thereafter the | 8 | | lessor plaintiff shall be entitled to re-enter the premises
| 9 | | immediately. The sheriff or other lawfully deputized officers | 10 | | shall execute an
order entered pursuant to this Section
within | 11 | | 7 days of its entry, or within 7 days of the expiration of
a | 12 | | stay of judgment, if one is entered. | 13 | | (g) Nothing in this Section shall limit the rights of an | 14 | | owner or lessor
to bring a forcible entry and detainer action | 15 | | on the basis of other applicable
law. | 16 | | (Source: P.A. 97-236, eff. 8-2-11.)
| 17 | | (735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
| 18 | | Sec. 9-210. Notice to quit. When default is made in any of | 19 | | the terms
of a lease, it is
not necessary to give more than 10 | 20 | | days' notice , or, if the lessor is also providing notice of | 21 | | termination pursuant to Section 9-120 of this Code, more than 5 | 22 | | days' notice, to quit, or of the
termination of such tenancy, | 23 | | and the same may be terminated on giving
such notice to quit at | 24 | | any time after such default in any of the terms
of such lease. | 25 | | Such notice may be substantially in the following form:
|
| | | HB4463 | - 5 - | LRB097 16477 AJO 61645 b |
|
| 1 | | "To A.B.: You are hereby notified that in consequence of | 2 | | your default
in (here insert the character of the default) of | 3 | | the premises now
occupied by you, being, etc., (here describe | 4 | | the premises) I have
elected to terminate your lease, and you | 5 | | are hereby notified to quit and
deliver up possession of the | 6 | | same to me within 10 days of this date
(dated, etc.)." If the | 7 | | lessor is also providing notice of termination pursuant to | 8 | | Section 9-120 of this Code, "10 days" in the preceding sentence | 9 | | shall be replaced by "5 days".
| 10 | | The notice is to be signed by the lessor or his or her | 11 | | agent, and no other notice or
demand of possession or | 12 | | termination of such tenancy is necessary.
| 13 | | (Source: P.A. 82-280.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
|
|