Illinois General Assembly - Full Text of Public Act 097-0470

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Public Act 097-0470

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Public Act 0470 97TH GENERAL ASSEMBLY

Public Act 097-0470

HB1233 Enrolled LRB097 05778 AJO 45845 b

    AN ACT concerning civil law.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Landlord and Tenant Act is amended by adding
Section 15 as follows:

    (765 ILCS 705/15 new)
    Sec. 15. Changing or rekeying of the dwelling unit lock.
    (a) A lessor of a dwelling unit shall comply with the
provisions of this Section regarding the changing or rekeying
of the dwelling unit lock. For the purposes of this Section,
"dwelling unit" means a room or suite of rooms used for human
habitation and for which a lessor and a lessee have a written
lease agreement.
    (b) After a dwelling unit has been vacated and on or before
the day that a new lessee takes possession of the dwelling
unit, the lessor shall change or rekey the immediate access to
the lessee's individual dwelling unit. For the purposes of this
Section, "change or rekey" means:
        (1) replacing the lock;
        (2) replacing the locking or cylinder mechanism in the
    lock so that a different key is used to unlock the lock;
        (3) changing the combination on a combination or
    digital lock;
        (4) changing an electronic lock so that the means or
    method of unlocking the lock is changed from the
    immediately prior tenant; or
        (5) otherwise changing the means of gaining access to
    the lessee's locked individual dwelling unit so that it is
    not identical to the prior lessee's means of gaining access
    to the lessee's locked individual dwelling unit.
    (c) If a lessor does not change or rekey the lock as
required in this Section, and a theft occurs at that dwelling
unit that is attributable to the lessor's failure to change or
rekey the lock, the landlord is liable for any damages from the
theft that occurs as a result of the lessor's failure to comply
with this Section.
    (d) The provisions of this Section do not apply if the
lessee has obtained the right to change or rekey the dwelling
unit lock pursuant to a written lease agreement.
    (e) The provisions of this Section do not apply to (i) an
apartment rental in an apartment building with 4 units or less
when one of the units is occupied by the owner or (ii) the
rental of a room in a private home that is owner-occupied.
    (f) This Section applies only in counties having a
population of more than 3,000,000.

    Section 99. Effective date. This Act takes effect January
1, 2012.

Effective Date: 1/1/2012

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