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90_HB3580
735 ILCS 5/9-104 from Ch. 110, par. 9-104
735 ILCS 5/9-210 from Ch. 110, par. 9-210
735 ILCS 5/9-211 from Ch. 110, par. 9-211
735 ILCS 5/9-212 from Ch. 110, par. 9-212
Amends the Forcible Entry and Detainer provisions of the
Code of Civil Procedure. Provides that the demand for
possession of and rent for the premises may be served, in
addition to existing means, by placing a copy of the demand
notice within the rental unit. Allows the lessor or his or
her agent to provide reasonable notice rather than 10 days
notice to quit if a crime is committed by the tenant or a
person under the tenant's control or if the health and safety
of other tenants or the lessor's employees is threatened.
Changes the method of verifying that service was made from a
two tiered method, one for officers and another for
non-officers, to a provision that a signed return, verified
by certification by the server, is prima facie evidence that
service was obtained. Effective immediately.
LRB9008393SMdv
LRB9008393SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 9-104, 9-210, 9-211, and 9-212.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 9-104, 9-210, 9-211, and 9-212 as follows:
7 (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
8 Sec. 9-104. Demand - Notice - Return. The demand
9 required by Section 9-102 of this Act may be made by
10 delivering a copy thereof to the tenant, or by leaving such a
11 copy with some person of the age of 13 years or upwards,
12 residing on, or being in charge of, the premises, or by
13 placing a copy within the rental unit; or in case no one is
14 in the actual possession of the premises, then by posting the
15 same on the premises. When such demand is made or notice
16 served, the signed return, verified by certification pursuant
17 to Section 1-109 of the Code of Civil Procedure by the
18 server, by an officer authorized to serve process, his or her
19 return is prima facie evidence of the facts therein stated,
20 and if such demand is made by any person not an officer, the
21 return may be sworn to by the person serving the same, and is
22 then prima facie evidence of the facts therein stated. The
23 demand for possession may be in the following form: To ....
24 I hereby demand immediate possession of the following
25 described premises: (describing the same.)
26 The demand shall be signed by the person claiming such
27 possession, his or her agent, or attorney.
28 (Source: P.A. 83-1362.)
29 (735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
30 Sec. 9-210. Notice to quit. When default is made in any
-2- LRB9008393SMdv
1 of the terms of a lease, it is not necessary to give more
2 than 10 days' notice to quit, or of the termination of such
3 tenancy, and the same may be terminated on giving such notice
4 to quit at any time after such default in any of the terms of
5 such lease. When a crime has been committed by the tenant or
6 a person under the tenant's control, or when the health and
7 safety of other tenants or the lessor's employees is
8 threatened, the lessor need only provide a reasonable amount
9 of time in the notice to quit or notice of the termination of
10 the tenancy. Such notice may be substantially in the
11 following form:
12 "To A.B.: You are hereby notified that in consequence of
13 your default in (here insert the character of the default) of
14 the premises now occupied by you, being, etc., (here describe
15 the premises) I have elected to terminate your lease, and you
16 are hereby notified to quit and deliver up possession of the
17 same to me within (insert number) 10 days of this date
18 (dated, etc.)."
19 The notice is to be signed by the lessor or his or her
20 agent, and no other notice or demand of possession or
21 termination of such tenancy is necessary.
22 (Source: P.A. 82-280.)
23 (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
24 Sec. 9-211. Service of demand or notice. Any demand may
25 be made or notice served by delivering a written or printed,
26 or partly written and printed, copy thereof to the tenant, or
27 by leaving the same with some person of the age of 13 years
28 or upwards, residing on or in possession of the premises, or
29 by placing a copy within the rental unit; or by sending a
30 copy of the notice to the tenant by certified or registered
31 mail, with a returned receipt from the addressee; and in case
32 no one is in the actual possession of the premises, then by
33 posting the same on the premises.
-3- LRB9008393SMdv
1 (Source: P.A. 83-355.)
2 (735 ILCS 5/9-212) (from Ch. 110, par. 9-212)
3 Sec. 9-212. Evidence of service. When such demand is made
4 or notice served, the signed return, verified by
5 certification pursuant to Section 1-109 of the Code of Civil
6 Procedure by the server, by an officer authorized to serve
7 process, the officer's return is prima facie evidence of the
8 facts therein stated, and if such demand is made or notice
9 served by any person not an officer, the return may be sworn
10 to by the person serving the same, and is then prima facie
11 evidence of the facts therein stated.
12 (Source: P.A. 82-280.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.