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90_SB0278sam001
LRB9002205SMdvam02
1 AMENDMENT TO SENATE BILL 278
2 AMENDMENT NO. . Amend Senate Bill 278 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Sections 9-104, 9-209, and 9-211, and by adding Section
6 9-107.5."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Code of Civil Procedure is amended by
10 changing Sections 9-104, 9-209, and 9-211, and by adding
11 Section 9-107.5 as follows:
12 (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
13 Sec. 9-104. Demand - Notice - Return. The demand
14 required by Section 9-102 of this Act may be made by
15 delivering a copy thereof to the tenant, or by leaving such a
16 copy with some person of the age of 13 years or upwards,
17 residing on, or being in charge of, the premises; or in case
18 no one is in the actual possession of the premises or those
19 in possession are not parties to any written lease, rental
20 agreement, or right to possession agreement for the premises,
21 then by delivering a copy thereof, directed to those persons,
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1 to the tenant or by leaving a copy of the notice with some
2 person of the age of 13 years or upwards residing on or in
3 possession of the premises, or by sending a copy of the
4 notice to the tenants, directed to those persons, by
5 certified or registered mail with a returned receipt from the
6 addressee; or by posting the same on the premises. When such
7 demand is made by an officer authorized to serve process, his
8 or her return is prima facie evidence of the facts therein
9 stated, and if such demand is made by any person not an
10 officer, the return may be sworn to by the person serving the
11 same, and is then prima facie evidence of the facts therein
12 stated. The demand for possession may be in the following
13 form: To ....
14 I hereby demand immediate possession of the following
15 described premises: (describing the same.)
16 The demand shall be signed by the person claiming such
17 possession, his or her agent, or attorney.
18 (Source: P.A. 83-1362.)
19 (735 ILCS 5/9-107.5 new)
20 Sec. 9-107.5. Notice to others. Whenever, in any
21 forcible entry and detainer action, the plaintiff believes
22 that a person or persons having no rental agreement, lease,
23 or right to possession agreement with plaintiff are or may be
24 occupying or possessing the premises, plaintiff or his or her
25 attorney shall file, simultaneously with the filing of
26 plaintiff's complaint against the tenant or at any time prior
27 to entry of the judgment for possession, at the office of the
28 clerk of the court in which the action is pending, an
29 affidavit indicating that the premises is or may be occupied
30 by one or more persons not having any rental agreement,
31 lease, or right to possession agreement with plaintiff, and
32 upon filing thereof the clerk shall cause a posting and
33 mailing of notices to be made on the premises for which
-3- LRB9002205SMdvam02
1 possession is being sought. Such posting and mailing of
2 notices shall be effected, and shall contain the information
3 required, consistent with Section 9-107 of this Act.
4 (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
5 Sec. 9-209. Demand for rent - Action for possession. A
6 landlord or his or her agent may, any time after rent is due,
7 demand payment thereof and notify the tenant, in writing,
8 that unless payment is made within a time mentioned in such
9 notice, not less than 5 days after service thereof, the lease
10 will be terminated. If the tenant does not within the time
11 mentioned in such notice, pay the rent due, the landlord may
12 consider the lease ended, and sue for the possession under
13 the statute in relation to forcible entry and detainer, or
14 maintain ejectment without further notice or demand. A claim
15 for rent may be joined in the complaint, and a judgment
16 obtained for the amount of rent found due, in any action or
17 proceeding brought, in an action of forcible entry and
18 detainer for the possession of the leased premises, under
19 this Section.
20 Notice made pursuant to this Section shall, as
21 hereinafter stated, not be invalidated by payments of past
22 due rent demanded in the notice, when the payments do not, at
23 the end of the notice period, total the amount demanded in
24 the notice. The landlord may, however, agree in writing to
25 continue the lease in exchange for receiving partial payment.
26 To prevent invalidation, the notice must prominently state:
27 "Only FULL PAYMENT of the rent demanded in this notice
28 will waive the landlord's right to terminate the lease under
29 this notice, unless the landlord agrees in writing to
30 continue the lease in exchange for receiving partial
31 payment."
32 Collection by the landlord of past rent due after the
33 filing of a suit for possession or ejectment pursuant to
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1 failure of the tenant to pay the rent demanded in the notice
2 shall not invalidate the suit.
3 If additional rent accrues after the complaint is filed,
4 the plaintiff may amend the claim for rent in the complaint
5 at any time before the entry of judgment, without further
6 notice to the defendant.
7 (Source: P.A. 83-1398.)
8 (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
9 Sec. 9-211. Service of demand or notice. Any demand may
10 be made or notice served by delivering a written or printed,
11 or partly written and printed, copy thereof to the tenant, or
12 by leaving the same with some person of the age of 13 years
13 or upwards, residing on or in possession of the premises; or
14 by sending a copy of the notice to the tenant by certified or
15 registered mail, with a returned receipt from the addressee;
16 and in case no one is in the actual possession of the
17 premises, then by posting the same on the premises.
18 In addition, demand may be made or notice served on any
19 person or persons occupying, residing in, or possessing the
20 premises who are not parties to a written lease, rental
21 agreement, or right to possession agreement for the premises
22 by delivering a copy of the notice, directed to those
23 persons, to the tenant or by leaving a copy of the notice
24 with some person of the age of 13 years or upwards, residing
25 on or in possession of the premises; or by sending a copy of
26 the notice to the tenant, directed to those persons, by
27 certified or registered mail with a returned receipt from the
28 addressee; or by posting a copy of the notice on the
29 premises.
30 (Source: P.A. 83-355.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.".