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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0278enr
735 ILCS 5/9-120 new
Amends the Forcible Entry and Detainer provisions of the
Code of Civil Procedure. Adds a Section relating to uniform
procedures of sheriffs in court ordered evictions. Provides
only a heading to the Section.
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SB278 Enrolled LRB9002205RCks
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 9-104, 9-209, and 9-211, and by adding Section
3 9-107.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Code of Civil Procedure is amended by
7 changing Sections 9-104, 9-209, and 9-211, and by adding
8 Section 9-107.5 as follows:
9 (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
10 Sec. 9-104. Demand - Notice - Return. The demand
11 required by Section 9-102 of this Act may be made by
12 delivering a copy thereof to the tenant, or by leaving such a
13 copy with some person of the age of 13 years or upwards,
14 residing on, or being in charge of, the premises; or in case
15 no one is in the actual possession of the premises or those
16 in possession are not parties to any written lease, rental
17 agreement, or right to possession agreement for the premises,
18 then by delivering a copy thereof, directed to those persons,
19 to the tenant or by leaving a copy of the notice with some
20 person of the age of 13 years or upwards residing on or in
21 possession of the premises, or by sending a copy of the
22 notice to the tenants, directed to those persons, by
23 certified or registered mail with a returned receipt from the
24 addressee; or by posting the same on the premises. When such
25 demand is made by an officer authorized to serve process, his
26 or her return is prima facie evidence of the facts therein
27 stated, and if such demand is made by any person not an
28 officer, the return may be sworn to by the person serving the
29 same, and is then prima facie evidence of the facts therein
30 stated. The demand for possession may be in the following
31 form: To ....
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1 I hereby demand immediate possession of the following
2 described premises: (describing the same.)
3 The demand shall be signed by the person claiming such
4 possession, his or her agent, or attorney.
5 (Source: P.A. 83-1362.)
6 (735 ILCS 5/9-107.5 new)
7 Sec. 9-107.5. Notice to others. Whenever, in any
8 forcible entry and detainer action, the plaintiff believes
9 that a person or persons having no rental agreement, lease,
10 or right to possession agreement with plaintiff are or may be
11 occupying or possessing the premises, plaintiff or his or her
12 attorney shall file, simultaneously with the filing of
13 plaintiff's complaint against the tenant or at any time prior
14 to entry of the judgment for possession, at the office of the
15 clerk of the court in which the action is pending, an
16 affidavit indicating that the premises is or may be occupied
17 by one or more persons not having any rental agreement,
18 lease, or right to possession agreement with plaintiff, and
19 upon filing thereof the clerk shall cause a posting and
20 mailing of notices to be made on the premises for which
21 possession is being sought. Such posting and mailing of
22 notices shall be effected, and shall contain the information
23 required, consistent with Section 9-107 of this Act.
24 (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
25 Sec. 9-209. Demand for rent - Action for possession. A
26 landlord or his or her agent may, any time after rent is due,
27 demand payment thereof and notify the tenant, in writing,
28 that unless payment is made within a time mentioned in such
29 notice, not less than 5 days after service thereof, the lease
30 will be terminated. If the tenant does not within the time
31 mentioned in such notice, pay the rent due, the landlord may
32 consider the lease ended, and sue for the possession under
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1 the statute in relation to forcible entry and detainer, or
2 maintain ejectment without further notice or demand. A claim
3 for rent may be joined in the complaint, and a judgment
4 obtained for the amount of rent found due, in any action or
5 proceeding brought, in an action of forcible entry and
6 detainer for the possession of the leased premises, under
7 this Section.
8 Notice made pursuant to this Section shall, as
9 hereinafter stated, not be invalidated by payments of past
10 due rent demanded in the notice, when the payments do not, at
11 the end of the notice period, total the amount demanded in
12 the notice. The landlord may, however, agree in writing to
13 continue the lease in exchange for receiving partial payment.
14 To prevent invalidation, the notice must prominently state:
15 "Only FULL PAYMENT of the rent demanded in this notice
16 will waive the landlord's right to terminate the lease under
17 this notice, unless the landlord agrees in writing to
18 continue the lease in exchange for receiving partial
19 payment."
20 Collection by the landlord of past rent due after the
21 filing of a suit for possession or ejectment pursuant to
22 failure of the tenant to pay the rent demanded in the notice
23 shall not invalidate the suit.
24 If additional rent accrues after the complaint is filed,
25 the plaintiff may amend the claim for rent in the complaint
26 at any time before the entry of judgment, without further
27 notice to the defendant.
28 (Source: P.A. 83-1398.)
29 (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
30 Sec. 9-211. Service of demand or notice. Any demand may
31 be made or notice served by delivering a written or printed,
32 or partly written and printed, copy thereof to the tenant, or
33 by leaving the same with some person of the age of 13 years
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1 or upwards, residing on or in possession of the premises; or
2 by sending a copy of the notice to the tenant by certified or
3 registered mail, with a returned receipt from the addressee;
4 and in case no one is in the actual possession of the
5 premises, then by posting the same on the premises.
6 In addition, demand may be made or notice served on any
7 person or persons occupying, residing in, or possessing the
8 premises who are not parties to a written lease, rental
9 agreement, or right to possession agreement for the premises
10 by delivering a copy of the notice, directed to those
11 persons, to the tenant or by leaving a copy of the notice
12 with some person of the age of 13 years or upwards, residing
13 on or in possession of the premises; or by sending a copy of
14 the notice to the tenant, directed to those persons, by
15 certified or registered mail with a returned receipt from the
16 addressee; or by posting a copy of the notice on the
17 premises.
18 (Source: P.A. 83-355.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.