State of Illinois
92nd General Assembly
Legislation

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92_SB1934

 
                                               LRB9214343RCsb

 1        AN ACT in relation to civil procedure.

 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  9-104,  9-209,  and  9-211, and by adding
 6    Section 9-107.5 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 in case
13    no one is in the actual possession of the premises  or  those
14    in  possession  are  not parties to any written lease, rental
15    agreement, or right to possession agreement for the premises,
16    then by delivering a copy of the notice,  directed  to  those
17    persons,  to  the  tenant  or by leaving a copy of the notice
18    with some person of the age of 13 years or  upwards  residing
19    on  or in possession of the premises, or by sending a copy of
20    the notice to the  tenant,  directed  to  those  persons,  by
21    certified or registered mail with a returned receipt from the
22    addressee;  or by posting the same on the premises. When such
23    demand is made by an officer authorized to serve process, his
24    or her return is prima facie evidence of  the  facts  therein
25    stated,  and  if  such  demand  is  made by any person not an
26    officer, the return may be sworn to by the person serving the
27    same, and is then prima facie evidence of the  facts  therein
28    stated.  The  demand  for  possession may be in the following
29    form: To ....
30        I hereby demand immediate  possession  of  the  following
31    described premises: (describing the same.)
 
                            -2-                LRB9214343RCsb
 1        The  demand  shall  be signed by the person claiming such
 2    possession, his or her agent, or attorney.
 3    (Source: P.A. 83-1362.)

 4        (735 ILCS 5/9-107.5 new)
 5        Sec.  9-107.5.  Notice  to  others.   Whenever,  in   any
 6    forcible  entry  and  detainer action, the plaintiff believes
 7    that a person or persons having no rental  agreement,  lease,
 8    or  right  to  possession agreement with the plaintiff are or
 9    may be occupying or possessing the premises, the plaintiff or
10    his or her attorney must file, simultaneously with the filing
11    of plaintiff's complaint against the tenant or  at  any  time
12    before entry of the judgment for possession, at the office of
13    the  clerk  of  the  court in which the action is pending, an
14    affidavit indicating that the premises is or may be  occupied
15    by  one  or  more  persons  not  having any rental agreement,
16    lease, or right to possession agreement with  the  plaintiff,
17    and  upon  filing  of  the  affidavit  the clerk must cause a
18    posting and mailing of notices to be made on the premises for
19    which possession is being sought.  The posting and mailing of
20    notices must be effected, and must  contain  the  information
21    required, consistent with Section 9-107 of this Act.

22        (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
23        Sec.  9-209.  Demand  for rent - Action for possession. A
24    landlord or his or her agent may, any time after rent is due,
25    demand payment thereof and notify  the  tenant,  in  writing,
26    that  unless  payment is made within a time mentioned in such
27    notice, not less than 5 days after service thereof, the lease
28    will be terminated. If the tenant does not  within  the  time
29    mentioned  in such notice, pay the rent due, the landlord may
30    consider the lease ended, and sue for  the  possession  under
31    the  statute  in  relation to forcible entry and detainer, or
32    maintain ejectment without further notice or demand. A  claim
 
                            -3-                LRB9214343RCsb
 1    for  rent  may  be  joined  in  the complaint, and a judgment
 2    obtained for the amount of rent found due, in any  action  or
 3    proceeding  brought,  in  an  action  of  forcible  entry and
 4    detainer for the possession of  the  leased  premises,  under
 5    this Section.
 6        Notice   made   pursuant   to   this  Section  shall,  as
 7    hereinafter stated, not be invalidated by  payments  of  past
 8    due rent demanded in the notice, when the payments do not, at
 9    the  end  of  the notice period, total the amount demanded in
10    the notice.  The landlord may, however, agree in  writing  to
11    continue the lease in exchange for receiving partial payment.
12    To prevent invalidation, the notice must prominently state:
13        "Only  FULL  PAYMENT  of the rent demanded in this notice
14    will waive the landlord's right to terminate the lease  under
15    this  notice,  unless  the  landlord  agrees  in  writing  to
16    continue   the   lease  in  exchange  for  receiving  partial
17    payment."
18        Collection by the landlord of past  rent  due  after  the
19    filing  of  a  suit  for  possession or ejectment pursuant to
20    failure of the tenant to pay the rent demanded in the  notice
21    shall not invalidate the suit.
22        If  additional rent accrues after the complaint is filed,
23    the plaintiff may amend the claim for rent in  the  complaint
24    at  any  time  before  the entry of judgment, without further
25    notice to the defendant.
26    (Source: P.A. 83-1398.)

27        (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
28        Sec. 9-211. Service of demand or notice.  Any demand  may
29    be  made or notice served by delivering a written or printed,
30    or partly written and printed, copy thereof to the tenant, or
31    by leaving the same with some person of the age of  13  years
32    or  upwards, residing on or in possession of the premises; or
33    by sending a copy of the notice to the tenant by certified or
 
                            -4-                LRB9214343RCsb
 1    registered mail, with a returned receipt from the  addressee;
 2    and  in  case  no  one  is  in  the  actual possession of the
 3    premises, then by posting the same on the premises.
 4        In addition, demand may be made or notice served  on  any
 5    person  or  persons occupying, residing in, or possessing the
 6    premises who are not  parties  to  a  written  lease,  rental
 7    agreement,  or right to possession agreement for the premises
 8    by delivering  a  copy  of  the  notice,  directed  to  those
 9    persons,  to  the  tenant  or by leaving a copy of the notice
10    with some person of the age of 13 years or upwards,  residing
11    on  or in possession of the premises; or by sending a copy of
12    the notice to the  tenant,  directed  to  those  persons,  by
13    certified or registered mail with a returned receipt from the
14    addressee;  or  by  posting  a  copy  of  the  notice  on the
15    premises.
16    (Source: P.A. 83-355.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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