765
ILCS 705 Sec.
1.
Every covenant, agreement or understanding in or in connection with or
collateral to any lease of real property, exempting the lessor from liability
for damages for injuries to person or property caused by or resulting from the
negligence of the lessor, his or her agents, servants or employees, in the
operation or maintenance of the demised premises or the real property containing
the demised premises shall be deemed to be void as against public policy and
wholly unenforceable.
765
ILCS 705 Sec.
5. Class X felony by lessee or occupant.
(a)
If, after the effective date of this amendatory Act of 1995, any lessee or
occupant is charged during his or her lease or contract term with having
committed an offense on the premises constituting a Class X felony under the
laws of this State, upon a judicial finding of probable cause at a preliminary
hearing or indictment by a grand jury, the lease or contract for letting the
premises shall, at the option of the lessor or the lessor's assignee, become
void, and the owner or the owner's assignee may notify the lessee or occupant by
posting a written notice at the premises requiring the lessee or occupant to
vacate the leased premises on or before a date 5 days after the giving of the
notice. The notice shall state the basis for its issuance on forms provided by
the circuit court clerk of the county in which the real property is located. The
owner or owner's assignee may have the same remedy to recover possession of the
premises as against a tenant holding over after the expiration of his or her
term. The owner or lessor may bring a forcible entry and detainer action.
(b)
A person does not forfeit his or her security deposit or any part of the
security deposit due solely to an eviction under the provisions of this Section.
(c)
If a lessor or the lessor's assignee voids a contract under the provisions of
this Section, and a tenant or occupant has not vacated the premises within 5
days after receipt of a written notice to vacate the premises, the lessor or the
lessor's assignee may seek relief under Article IX of the Code of Civil
Procedure. Notwithstanding Sections 9-112, 9-113, and 9-114 of the Code of Civil
Procedure, judgment for costs against the plaintiff seeking possession of the
premises under this Section shall not be awarded to the defendant unless the
action was brought by the plaintiff in bad faith. An action to possess premises
under this Section shall not be deemed to be in bad faith if the plaintiff based
his or her cause of action on information provided to him or her by a law
enforcement agency or the State's Attorney.
(d)
The provisions of this Section are enforceable only if the lessee or occupant
and the owner or owner's assignee have executed a lease addendum for drug free
housing as promulgated by the United States Department of Housing and Urban
Development or a substantially similar document.
Part
3. Distress for Rent
735
ILCS 5 Sec.
9-301. Property subject to distraint. In
all cases of distress for rent, the landlord, by himself or herself, his or her
agent or attorney, may seize for rent any personal property of his or her tenant
that may be found in the county where such tenant resides, and in no case shall
the property of any other person, although the same may be found on the
premises, be liable to seizure for rent due from such tenant.
735
ILCS 5 Sec.
9-302. Filing of distress warrant with inventory. The
person making such distress shall immediately file with the clerk of the circuit
court a copy of the distress warrant, together with an inventory of the property
levied upon.
735
ILCS 5 Sec.
9-303. Summons and return. Upon
the filing of such copy of distress warrant and inventory, the clerk shall issue
a summons against the party against whom the distress warrant has been issued,
returnable as summons in other civil cases.
735
ILCS 5 Sec.
9-304. Notice to non-residents. When
it appears, by affidavit filed in the court where such proceeding is pending,
that the defendant is a nonresident or has departed from this state, or on due
inquiry cannot be found, or is concealed within this state, and the affiant
states the place of residence of the defendant, if known, and if not known, that
upon diligent inquiry he or she has not been able to ascertain the same, notice
may be given as in attachment cases.
735
ILCS 5 Sec.
9-305. Proceedings - Pleading. The
action shall thereafter proceed in the same manner as in case of attachment
before the court. It shall not be necessary for the plaintiff in any case to
file a complaint, but the distress warrant shall stand as a complaint and shall
be amendable, as complaints in other civil cases, but no such amendment shall in
any way affect any liabilities that have accrued in the execution of such
warrant.
735
ILCS 5 Sec.
9-306. Counterclaim - Defenses. The
defendant may file a counterclaim as in other civil actions or other defense
which would have been proper if the action had been for the rent, and with like
effect.
735
ILCS 5 Sec.
9-307. Judgment for plaintiff.
If the plaintiff recovers, judgment shall be entered in favor of plaintiff, for
the amount which the court finds to be due the plaintiff.
735
ILCS 5 Sec.
9-308. Effect of judgment against defendant. After
the defendant is served with process or appears in the action, the judgment
shall have the same force and effect as if served by summons, and the judgment
may be enforced, not only against the property distrained, but also against the
other property of the defendant. But the property distrained, if the same has
not been replevied or released from seizure, shall be first sold.
735
ILCS 5 Sec.
9-309. Judgment by default. When
publication of notice, as provided by law, but the defendant is not served with
process and does not appear, judgment by default may be entered, and the
plaintiff may recover the amount due him or her for rent at the time of issuing
the distress warrant, and enforcement may be had against the property distrained,
but no enforcement may be had against any other property of
the
defendant.
735
ILCS 5 Sec.
9-310. Judgment in favor of defendant - Counterclaim. If
the judgment is in favor of the defendant, the defendant shall recover costs and
judgment shall be entered for the return to the defendant of the property
distrained, unless the same has been replevied or released from such distress.
If a counterclaim is interposed, and it is determined by the court that a
balance is due from the plaintiff to the defendant, judgment shall be entered in
favor of the defendant.
735
ILCS 5 Sec.
9-311. Bond for release of property. When
any distress warrant is levied, the person whose property is distrained, may
release the same by entering into bond in double the amount of the rent claimed,
payable to the landlord, with sufficient sureties, to be approved by the person
making the levy, if the bond is tendered before the filing of a copy of the
warrant, as provided in Part 3 of Article IX of this Act, or if after, by the
clerk of the court in which the action is pending, conditioned to pay whatever
judgment the landlord may recover in the action, with costs of the action. If
the bond is taken before the filing of a copy of the distress warrant, such bond
shall be filed therewith, and if taken after the filing of a copy of the
distress warrant, it shall be filed in the office of the clerk of the court
where the action is pending.
735
ILCS 5 Sec.
9-312. Perishable property. If
any property distrained is of a perishable nature and in danger of immediate
waste or decay, and is not replevied or bonded, the landlord or his or her agent
or attorney may, upon giving notice to the defendant or his or her attorney, or
if neither can be found, without any notice, apply to the court in which the
action is pending describing the property, and showing that it is so in danger,
and if the court is satisfied that the property is of a perishable nature and in
danger of immediate waste or decay, and if the defendant or his or her attorney
is not served with notice, or does not appear, that neither the defendant nor
the attorney can be found, the court may enter an order to the person having
possession of the property, directing the sale thereof upon such time and
notice, terms and conditions as the court shall deem for the best interests of
the parties concerned. The money resulting from such sale shall be deposited
with the clerk of the court in which the action is pending, there to abide the
event of the action.
735
ILCS 5 Sec.
9-313. Limitation. The
right of the landlord to distrain the personal goods of the tenant, shall
continue for the period of 6 months after the expiration of the term for which
the premises were demised or the tenancy is terminated.
735
ILCS 5 Sec.
9-314. Distress for products and labor. When
the rent is payable wholly or in part in specific articles of property or
products of the premises, or labor, the landlord may distrain for the value of
such articles, products or labor.
735
ILCS 5 Sec.
9-315. Exemption. The
same articles of personal property which are, by law, exempt from the
enforcement of a judgment thereon, except the crops grown or growing upon the
demised premises, shall also be exempt from distress for rent.
735
ILCS 5 Sec.
9-316. Lien upon crops. Every
landlord shall have a lien upon the crops grown or growing upon the demised
premises for the rent thereof, whether the same is payable wholly or in part in
money or specific articles of property or products of the premises, or labor,
and also for the faithful performance of the terms of the lease. Such lien shall
continue for the period of 6 months after the expiration of the term for which
the premises are demised, and may be enforced by distraint as provided in Part 3
of Article IX of this Act. A good faith purchaser shall, however, take such
crops free of any landlord's lien unless, within 6 months prior to the purchase,
the landlord provides written notice of his lien to the purchaser by registered
or certified mail. Such notice shall contain the names and addresses of the
landlord and tenant, and clearly identify the leased property. A landlord may
require that, prior to his tenant's selling any crops grown on the demised
premises, the tenant disclose the name of the person to whom the tenant intends
to sell those crops. Where such a requirement has been imposed, the tenant shall
not sell the crops to any person other than a person who has been disclosed to
the landlord as a potential buyer of the crops.
A
lien arising under this Section and duly perfected under Article 9 of the
Uniform Commercial Code shall have priority over any other agricultural lien as
defined in, and over any security interest arising under, provisions of Article
9 of the Uniform Commercial Code.
735
ILCS 5 Sec.
9-316.1. Tenant's duty to disclose to landlord identity of vendee of crops.
(a)
Where, pursuant to Section 9-316, a landlord has required that, before the
tenant sells crops grown on the demised premises, the tenant disclose to the
landlord the persons to whom the tenant intends to sell such crops, it is
unlawful for the tenant to sell the crops to a person other than a person so
disclosed to the landlord.
(b)
An individual who knowingly violates this Section is guilty of a Class A
misdemeanor.
(c)
A corporation convicted of a violation of this Section is guilty of a business
offense and shall be fined not less than $2000 nor more than $10,000.
(d)
In the event the tenant is a corporation or a partnership, any officer,
director, manager or managerial agent of the tenant who violates this Section or
causes the tenant to violate this Section is guilty of a Class A misdemeanor.
(e)
It is an affirmative defense to a prosecution for the violation of this Section
that the tenant has paid to the landlord the proceeds from the sale of the crops
within 10 days after such sale.
735
ILCS 5 Sec.
9-317. Landlord's right against sublessee. In
all cases when the leased premises are sublet, or the lease is assigned, the
landlord shall have the same right to enforce his or her lien against the
sublessee or assignee, that the landlord has against the tenant to whom the
premises were leased.
735
ILCS 5 Sec.
9-318. Abandonment of premises. When
a tenant abandons or removes from the premises or any part thereof, the landlord
or his or her agent or attorney may seize upon any grain or other crops grown or
growing upon the premises or part thereof so abandoned, whether the rent is due
or not. If such grain or other crops or any part thereof is not fully grown or
matured, the landlord or his or her agent or attorney shall cause the same to be
properly cultivated and harvested or gathered, and may sell and dispose of the
same, and apply the proceeds, so far as may be necessary, to compensate for his
or her labor and expenses, and to pay the rent. The tenant may, at any time
before the sale of the property so seized, redeem the same by tendering the rent
due and the reasonable compensation and expenses of the cultivation and
harvesting or gathering the same, or the tenant may replevy the property seized.
735
ILCS 5 Sec.
9-319. Removal of fixture. Subject
to the right of the landlord to distrain for rent, a tenant has the right to
remove from the leased premises all removable fixtures erected thereon by him or
her during the term of the lease, or of any renewal thereof, or of any
successive leasing of the premises while the tenant remains in possession in the
character of a tenant.
735
ILCS 5 Sec.
9-320. Notice by nonresident owner.
(a)
An owner of residential real property containing more than 4 living units, who
does not reside or maintain an office therein and does not employ a manager or
agent who resides or maintains an office therein, shall:
(1)
post or cause to be posted on such residential real property adjacent to the
mailboxes or within the interior of such residential real property in a location
visible to all the residents, a notice of not less than 20 square inches in size
bearing:
(i)
the name, address and telephone number of the person responsible for managing
the building; and
(ii)
the name, address and telephone number of the company or companies insuring such
residential real property against loss or damage by fire or explosion or if the
residential real property is not insured, that shall be stated in the notice;
and
(2)
within 24 hours from the time such owner is notified that any company or
companies insuring such residential real property against loss or damage by fire
or explosion has cancelled such insurance, post or cause to be posted in the
manner provided in subparagraph (1) notice of such cancellation.
(b)
In lieu of the requirement for posting the notices prescribed in subsection (a)
of this Section and the owner's managing agent may include such notice in a
written rental or lease agreement or may give such notice by first class mail
addressed to the lessee or renter.
(c)
Failure to give any notice required by this Section is a petty offense and shall
subject the owner to pay a fine of not more than $100 per day of violation.
735
ILCS 5 Sec.
9-321. Distress before rent due. If
any tenant shall, without the consent of his or her landlord, sell and remove,
or permit to be removed, or be about to sell and remove, or permit to be
removed, from the demised premises, such part or portion of the crops raised
thereon, as shall endanger the lien of the landlord upon such crops for the rent
agreed to be paid, it is lawful for the landlord to institute proceedings by
distress before the rent is due, as is now provided by law, in case of the
removal of the tenant from the demised premises; and thereafter the proceedings
shall be conducted in the same manner as is now provided by law in ordinary
cases of distress, where the rent is due and unpaid.
Part
2. Recovery of Rent;
Termination
of Certain Tenancies
735
ILCS 5 Sec.
9-201. Recovery of rent. The
owner of lands, his or her executors or administrators, may sue for and recover
rent therefore, or a fair and reasonable satisfaction for the use and occupation
thereof, by a civil action in any of the following instances:
1.
When rent is due and in arrears on a lease for life or lives.
2.
When lands are held and occupied by any person without any special agreement for
rent.
3.
When possession is obtained under an agreement, written or verbal, for the
purchase of the premises, and before a deed is given the right to possession is
terminated by forfeiture or non-compliance with the agreement, and possession is
wrongfully refused or neglected to be given upon demand, made in writing, by the
party entitled thereto. All payments made by the vendee, or his or her
representatives or assigns, may be set off against such rent.
4.
When land has been sold upon a judgment of court, when the party to such
judgment or person holding under him or her, wrongfully refuses or neglects to
surrender possession of the same, after demand, in writing, by the person
entitled to the possession.
5.
When the lands have been sold upon a mortgage or trust deed, and the mortgagor
or grantor, or person holding under him or her, wrongfully refuses or neglects
to surrender possession of the same, after demand, in writing, by the person
entitled to the possession.
735
ILCS 5 Sec.
9-202. Wilfully holding over. If
any tenant or any person who is in or comes into possession of any lands,
tenements or hereditaments, by, from or under, or by collusion with the tenant,
wilfully holds over any lands, tenements or hereditaments, after the expiration
of his or her term or terms, and after demand made in writing, for the
possession thereof, by his or her landlord, or the person to whom the remainder
or reversion of such lands, tenements or hereditaments belongs, the person so
holding over, shall, for the time the landlord or rightful owner is so kept out
of possession, pay to the person so kept out of possession, or his or her legal
representatives, at the rate of double the yearly value of the lands, tenements
or hereditaments so detained to be recovered by a civil action.
735
ILCS 5 Sec.
9-203. Holding over after notice. If
any tenant gives notice of his or her intention to quit the premises which are
held by him or her, at a time mentioned in such notice, at which time the tenant
would have a right to quit by the lease, and does not accordingly deliver up
possession thereof, such tenant shall pay to the landlord or lessor double the
rent or sum which would otherwise be due, to be collected in the same manner as
the rent otherwise due should have been collected.
735
ILCS 5 Sec.
9-204. Rent in arrears - Re-entry. In
all cases between landlord and tenant, where one-half year's rent is in arrears
and unpaid, and the landlord or lessor to whom such rent is due has the right by
law to re-enter for non-payment thereof, such landlord or lessor may, without
any formal demand or re-entry, commence an action of ejectment for the recovery
of the demised premises. In case judgment is entered in favor of the plaintiff
in the action of ejectment before the rent in arrearage and costs of the action
are paid, then the lease of the lands shall cease and be determined, unless the
lessee shall by appeal reverse the judgment, or by petition filed within 6
months after the entry of such judgment, obtain relief from the same. However,
any tenant may, at any time before final judgment on the ejectment, pay or
tender to the landlord or lessor of the premises the amount of rent in arrears
and costs of the action, whereupon the action of ejectment shall be dismissed.
735
ILCS 5 Sec.
9-205. Notice to terminate tenancy from year to year.
Except as provided in Section 9-206 of this Act, in all cases of tenancy from
year to year, 60 days' notice, in writing, shall be sufficient to terminate the
tenancy at the end of the year. The notice may be given at any time within 4
months preceding the last 60 days of the year.
735
ILCS 5 Sec.
9-206. Notice to terminate tenancy of farm land. In
order to terminate tenancies from year to year of farm lands, occupied on a crop
share, livestock share, cash rent or other rental basis, the notice to quit
shall be given in writing not less than 4 months prior to the end of the year of
letting. Such notice may not be waived in a verbal lease. The notice to quit may
be substantially in the following form:
To
A.B.: You are hereby notified that I have elected to terminate your lease of the
farm premises now occupied by you, being (here describe the premises) and you
are hereby further notified to quit and deliver up possession of the same to me
at the end of the lease year, the last day of such year being (here insert the
last day of the lease year).
735
ILCS 5 Sec.
9-206.1. Life tenancy termination; farmland leases.
(a)
Tenancies from year to year of farmland occupied on a crop share, livestock
share, cash rent, or other rental basis in which the lessor is the life tenant
or the representative of the life tenant shall continue until the end of the
current lease year in which the life tenant's interest terminates unless
otherwise provided in writing by the lessor and the lessee.
(b)
Whenever the life tenancy of the lessor terminates not more than 6 months before
the end of the tenancy of the lessee but before the beginning of the next crop
year, the lessee of the farmlands is entitled to reasonable costs incurred in
field preparation for the next crop year, payable by the succeeding life tenant
or remainderman.
As
used in this Section "farmland" means any property used primarily for
the growing and harvesting of crops; the feeding, breeding and management of
livestock; dairying, or any other agricultural or horticultural use or
combination thereof, including, but not limited to, hay, grain, fruit, truck or
vegetable crops, floriculture, mushroom growing, plant or tree nurseries,
orchards, forestry, sod farming and greenhouses; the keeping, raising and
feeding of livestock or poultry, including poultry, swine, sheep, beef cattle,
ponies or horses; dairy farming; fur farming; beekeeping; or fish or wildlife
farming.
735
ILCS 5 Sec.
9-207. Notice to terminate tenancy for less than a year. In
all cases of tenancy from week to week, where the tenant holds over without
special agreement, the landlord may terminate the tenancy by 7 days' notice, in
writing, and may maintain an action for forcible entry and detainer or ejectment.
In
all cases of tenancy for any term less than one year, other than tenancy from
week to week, where the tenant holds over without special agreement, the
landlord may terminate the tenancy by 30 days' notice, in writing, and may
maintain an action for forcible entry and detainer or ejectment.
735
ILCS 5 Sec.
9-208. Further demand. Where
a tenancy is terminated by notice, under either of the 2 preceding sections, no
further demand is necessary before bringing an action under the statute in
relation to forcible detainer or ejectment.
735
ILCS 5 Sec.
9-209. Demand for rent - Action for possession. A
landlord or his or her agent may, any time after rent is due, demand payment
thereof and notify the tenant, in writing, that unless payment is made within a
time mentioned in such notice, not less than 5 days after service thereof, the
lease will be terminated. If the tenant does not within the time mentioned in
such notice, pay the rent due, the landlord may consider the lease ended, and
sue for the possession under the statute in relation to forcible entry and
detainer, or maintain ejectment without further notice or demand. A claim for
rent may be joined in the complaint, and a judgment obtained for the amount of
rent found due, in any action or proceeding brought, in an action of forcible
entry and detainer for the possession of the leased premises, under this
Section.
Notice
made pursuant to this Section shall, as hereinafter stated, not be invalidated
by payments of past due rent demanded in the notice, when the payments do not,
at the end of the notice period, total the amount demanded in the notice. The
landlord may, however, agree in writing to continue the lease in exchange for
receiving partial payment. To prevent invalidation, the notice must prominently
state:
"Only
FULL PAYMENT of the rent demanded in this notice will waive the landlord's right
to terminate the lease under this notice, unless the landlord agrees in writing
to continue the lease in exchange for receiving partial payment."
Collection
by the landlord of past rent due after the filing of a suit for possession or
ejectment pursuant to failure of the tenant to pay the rent demanded in the
notice shall not invalidate the suit.
735
ILCS 5 Sec.
9-210. Notice to quit.
When default is made in any of the terms of a lease, it is not necessary to give
more than 10 days' notice to quit, or of the termination of such tenancy, and
the same may be terminated on giving such notice to quit at any time after such
default in any of the terms of such lease. Such notice may be substantially in
the following form:
"To
A.B.: You are hereby notified that in consequence of your default in (here
insert the character of the default) of the premises now occupied by you, being,
etc., (here describe the premises) I have elected to terminate your lease, and
you are hereby notified to quit and deliver up possession of the same to me
within 10 days of this date (dated, etc.)."
The
notice is to be signed by the lessor or his or her agent, and no other notice or
demand of possession or termination of such tenancy is necessary.
735
ILCS 5 Sec.
9-211. Service of demand or notice. Any
demand may be made or notice served by delivering a written or printed, or
partly written and printed, copy thereof to the tenant, or by leaving the same
with some person of the age of 13 years or upwards, residing on or in possession
of the premises; or by sending a copy of the notice to the tenant by certified
or registered mail, with a returned receipt from the addressee; and in case no
one is in the actual possession of the premises, then by posting the same on the
premises.
735
ILCS 5 Sec.
9-212. Evidence of service. When
such demand is made or notice served by an officer authorized to serve process,
the officer's return is prima facie evidence of the facts therein stated, and if
such demand is made or notice served by any person not an officer, the return
may be sworn to by the person serving the same, and is then prima facie evidence
of the facts therein stated.
735
ILCS 5 Sec.
9-213. Expiration of term. When
the tenancy is for a certain period, and the term expires by the terms of the
lease, the tenant is then bound to surrender possession, and no notice to quit
or demand of possession is necessary.
735
ILCS 5 Sec.
9-213.1. Duty of landlord to mitigate damages. After
January 1, 1984, a landlord or his or her agent shall take reasonable measures
to mitigate the damages recoverable against a defaulting lessee.
735
ILCS 5 Sec.
9-214. Lease defined. The
term "lease," as used in Part 2 of Article IX of this Act, includes
every letting, whether by verbal or written agreement.
735
ILCS 5 Sec.
9-215. Remedies available to grantee. The
grantees of any leased lands, tenements, rents or other hereditaments, or of the
reversion thereof, the assignees of the lessor of any lease, and the heirs,
legatees and personal representatives of the lessor, grantee or assignee, shall
have the same remedies by action or otherwise, for the non-performance of any
agreement in the lease, or for the recovery of any rent, or for the doing of any
waste or other cause of forfeiture, as their grantor or lessor might have had if
such reversion had remained in such lessor or grantor.
735
ILCS 5 Sec.
9-216. Remedies available to lessee. The
lessees of any lands, their assigns or personal representatives, shall have the
same remedy, by action or otherwise, against the lessor, his or her grantees,
assignees or his, her or their representatives, for the breach of any agreement
in such lease, as such lessee might have had against his or her immediate lessor.
This section shall have no application to the covenants against incumbrances, or
relating to the title or possession of the premises demised.
735
ILCS 5 Sec.
9-217. Rent recoverable by representative, from subtenant. When
a tenant for life demises any lands and dies on or after the day when any rent
becomes due and payable, his or her executor or administrator may recover from
the subtenant the whole rent due, but if such tenant for life dies, before the
day when any rent is to become due, his or her executor or administrator may
recover the proportion of rent which accrued before his or her death, and the
remainder man shall recover for the residue.
Security
Deposit Return Act
765
ILCS 710 Sec.
1.
A lessor of residential real property, containing 5 or more units, who has
received a security deposit from a lessee to secure the payment of rent or to
compensate for damage to the leased property may not withhold any part of that
deposit as compensation for property damage unless he has, within 30 days of the
date that the lessee vacated the premises, furnished to the lessee, delivered in
person or by mail directed to his last known address, an itemized statement of
the damage allegedly caused to the premises and the estimated or actual cost for
repairing or replacing each item on that statement, attaching the paid receipts,
or copies thereof, for the repair or replacement. If the lessor utilizes his or
her own labor to repair any damage caused by the lessee, the lessor may include
the reasonable cost of his or her labor to repair such damage. If estimated cost
is given, the lessor shall furnish the lessee with paid receipts, or copies
thereof, within 30 days from the date the statement showing estimated cost was
furnished to the lessee, as required by this Section. If no such statement and
receipts, or copies thereof, are furnished to the lessee as required by this
Section, the lessor shall return the security deposit in full within 45 days of
the date that the lessee vacated the premises. Upon a finding by a circuit court
that a lessor has refused to supply the itemized statement required by this
Section, or has supplied such statement in bad faith, and has failed or refused
to return the amount of the security deposit due within the time limits
provided, the lessor shall be liable for an amount equal to twice the amount of
the security deposit due, together with court costs and reasonable attorney's
fees.
765
ILCS 710 Sec.
1.1. In
the event of a sale, lease, transfer or other direct or indirect disposition of
residential real property, other than to the holder of a lien interest in such
property, by a lessor who has received a security deposit or prepaid rent from a
lessee, the transferee of such property shall be liable to that lessee for any
security deposit, including statutory interest, or prepaid rent which the lessee
has paid to the transferor. Transferor shall remain jointly and severally liable
with the transferee to the lessee for such security deposit or prepaid rent.
765
ILCS 710 Sec.
2. This
Act takes effect January 1, 1974 and applies to leases executed on or after that
date.
Security
Deposit Interest Act
765
ILCS 715 Sec.
1.
A lessor of residential real property, containing 25 or more units in either a
single building or a complex of buildings located on contiguous parcels of real
property, who receives a security deposit from a lessee to secure the payment of
rent or compensation for damage to property shall pay interest to the lessee
computed from the date of the deposit at a rate equal to the interest paid by
the largest commercial bank, as measured by total assets, having its main
banking premises in this State on minimum deposit passbook savings accounts as
of December 31 of the calendar year immediately preceding the inception of the
rental agreement on any deposit held by the lessor for more than 6 months.
765
ILCS 715 Sec.
2.
The lessor shall, within 30 days after the end of each 12 month rental period,
pay to the lessee any interest, by cash or credit to be applied to rent due,
except when the lessee is in default under the terms of the lease. A lessor who
willfully fails or refuses to pay the interest required by this Act shall, upon
a finding by a circuit court that he has willfully failed or refused to pay, be
liable for an amount equal to the amount of the security deposit, together with
court costs and reasonable attorneys fees.
765
ILCS 715 Sec.
3.
This Act does not apply to any deposit made with respect to public housing.
765
ILCS 720 Sec.
0.01. Short title.
This Act may be cited as the Retaliatory Eviction Act.
765
ILCS 720 Sec.
1.
It is declared to be against the public policy of the State for a landlord to
terminate or refuse to renew a lease or tenancy of property used as a residence
on the ground that the tenant has complained to any governmental authority of a
bona fide violation of any applicable building code, health ordinance, or
similar regulation. Any provision in any lease, or any agreement or
understanding, purporting to permit the landlord to terminate or refuse to renew
a lease or tenancy for such reason is void.
Property
Taxes Of Alien Landlords Act
765
ILCS 725 Sec.
1.
No contract, agreement or lease in writing or by parol, by which any lands or
tenements therein are demised or leased by any alien or his agents for the
purpose of farming, cultivation or the raising of crops thereon, shall contain
any provision requiring the tenant or other person for him, to pay taxes on said
lands or tenements, or any part thereof, and all such provisions, agreements and
leases so made are declared void as to the taxes aforesaid. If any alien
landlord or his agents shall receive in advance or at any other time any sum of
money or article of value from any tenant in lieu of such taxes, directly or
indirectly, the same may be recovered back by such tenant before any court
having jurisdiction of the amount thereof, and all provisions or agreements in
writing or otherwise to pay such taxes shall be held in all courts of this state
to be void.
Rent
Concession Act
765
ILCS 730 Sec.
1.
That the purpose of this Act is to regulate the prevalent practice of making or
using written leases of real estate, which, because of concessions to the
lessees, do not truly state the real net rent being paid, it being recognized
that such practice can be, and frequently is, used to mislead prospective
purchasers and lessees, and lenders of money on the security of such real
estate, into a belief that the rental value or market value thereof is greater
than it really is.
765
ILCS 730 Sec.
2.
A rent concession is made, within the meaning of this Act, when, in case of a
written lease of real estate or a part thereof, the lessor before or at the time
the lease or any agreement therefore is entered into, and in consideration of
such lease or agreement therefore, directly or indirectly, gives, or agrees or
promises to give, to the lessee, without express mention thereof in the lease,
any of the following: (1) any credit upon the rent reserved by the lease between
the parties, or rebate of such rent or any part thereof after payment thereof by
the lessee, or (2) the right, privilege or license to occupy the leased premises
for a period other than the term created by the lease, rent free or for a rent
less than the average rent fixed by the lease for the entire term, or (3) any
other valuable thing, right or privilege. Repairing and decorating the leased
premises by the lessor shall not be deemed a rent concession. An agreement by a
lessor to waive any of the terms or conditions of the lease other than those
relating to the payment of rent shall not be deemed a rent concession.
765
ILCS 730 Sec.
3.
When a rent concession shall be made in the case of any lease hereafter entered
into, it shall be the duty of the lessor, at the time or immediately after the
lease is made, to cause such lease to bear a legend across the face and text
thereof plainly legible and in letters not less than one-half inch in height
consisting of the words "Concession Granted," and to bear a memorandum
on the margin or across the face of such lease stating the amount or extent and
nature of each such concession, and any failure on the part of a lessor so to do
shall be unlawful and a violation of this Act.
765
ILCS 730 Sec.
4.
When a rent concession shall have been made in the case of any lease heretofore
or hereafter entered into, it shall be unlawful and a violation of this Act for
any person knowing of such concession, to exhibit such lease to any purchaser or
lessee or prospective purchaser or lessee of real estate, any part of which is
covered by the lease, or to any lender of money, or prospective lender of money
on such real estate or any part thereof as security, unless such lease shall
bear the legend and memorandum required by section 3 hereof in the case of
leases heretofore made.
765
ILCS 730 Sec.
5.
The terms "lessor," "lessee" and "person" as used
herein shall include the plural thereof and shall include corporations.
765
ILCS 730 Sec.
5a.
The provisions of this Act shall have no application to farm or agricultural
property, or property used as such, nor to any leases or evidences of leasing
executed relative thereto.
765
ILCS 730 Sec.
6. Any
person or corporation violating the provisions of this Act, by using or
exhibiting to any person, persons or corporation any written lease or other
written evidence of leasing, not having endorsed thereon any and all concessions
as herein provided, for the purpose of selling or effecting a sale of the
premises in question or a loan thereon, shall be deemed guilty of a Class A
misdemeanor.
Rental
Property Utility Service Act
765
ILCS 735 Sec.
1. Utility payments; termination and restoration of service.
Whenever,
pursuant to any agreement, either written or verbal, a landlord or his or her
agent is required to pay for any water, gas or electrical service, and the
landlord or his or her agent does not pay for such service, the tenant, or
tenants in the event more than one tenant is served by a common system of water,
gas or electrical service, including electrical service to common areas, which
goes through a common meter in a single building, may pay for such service if
the nonpayment jeopardizes the continuation of the service to the tenant or
tenants, as the case may be. The utility company shall not terminate service for
such nonpayment until the utility company mails, delivers or posts a notice as
specified in Section 3 to all tenants of buildings with 3 or more residential
apartments. Upon receipt of such payment of the past due cost of such water, gas
or electrical service owed by the landlord, the provider of such service shall
immediately restore service to such tenant or tenants. In the alternative, the
provider of such service shall immediately restore and continue such service to
any tenant who (a) requests that the utility put the bill in his or her name;
(b) establishes satisfactory credit references or provides for and pays a
security deposit pursuant to the rules and regulations of the Illinois Commerce
Commission applicable to applicants for new utility service; and (c) agrees to
pay future bills. Any sums the tenant or tenants, as the case may be, pay for
water, gas or electrical service that the landlord or his or her agent was
required to pay may be deducted from the rent due by the tenant or tenants, and
the total rent is diminished by the amount the tenant or tenants, as the case
may be, have paid for the continuation of the water, gas or electrical service.
765
ILCS 735 Sec.
1.1. Definitions.
As used in this Act:
"Agreement"
includes leases, oral agreements, and any other understandings or contracts
reached between a landlord and a tenant.
"Individually
metered utilities" means that the utility service to one or more rental
dwelling units in a building is registered by an individual meter for each
dwelling unit.
"Master
metered utilities" means that the utility service to a building with one or
more rental dwelling units is registered by a single meter for the building.
"Landlord"
includes the owner of a building, the owner's agent, and the lessor of a
building.
"Tenant"
includes occupants of a building or mobile home, whether under a lease or
periodic tenancy.
"Utility
company" includes all suppliers of utility service, including
municipalities.
"Utility
service" includes electric, gas, water, or sanitary utility service
rendered by a utility company to a tenant at a specific location.
765
ILCS 735 Sec.
1.2. Certain tenant-paid utility payment arrangementsprohibited; Notice of
change in payment arrangement.
(a)
No landlord shall rent or cause to be rented any unit in which the tenant is
responsible by agreement, implication, or otherwise for direct payment for
utility service to the utility company and in which the utility company billing
for that service includes any service to common areas of the building or other
units or areas used or occupied by persons other than the individual tenant and
those occupying the unit with the tenant on the utility account, unless, before
offering an initial lease or a renewal lease, accepting a security deposit, or
otherwise entering into an agreement with the prospective tenant to let the
premises:
(1)
The landlord provides the prospective tenant with a
written statement setting forth the specific areas of the building
and any appurtenances that are served by the meter that will be in the
tenant's name and the nature of the utility uses of those areas, including any
that have not been reflected in past utility company billings but that may arise
(such as the rental of a neighboring unit that has been vacant, the installation
of washers and driers in the basement, or the use of the garage for mechanics);
(2)
The landlord provides the prospective tenant with copies of the utility bills
for the unit for the previous 12 months, unless waived by the tenant in writing;
(3)
The landlord neither suggests nor requires the tenant to collect any money for
utility bills from neighboring tenants whose utility usage will be reflected in
the prospective tenant's utility company billings; and
(4)
The landlord sets forth in writing the amount of the proposed rent reduction, if
any, that is offered to compensate for the tenant's payments for utility usage
outside of the tenant's unit.
(b)
No landlord shall request or cause to be effected a change (i) from
landlord-paid master metered utilities to tenant-paid individually metered
utilities or (ii) from landlord-paid to tenant-paid utilities, regardless of the
metering arrangement, during the term of a lease. The landlord shall provide a
minimum of 30 days notice to each affected tenant before effecting such a change
in service; for tenants under a lease, the notice shall be provided to the
tenants no less than 30 days before the expiration of the lease term. This
subsection does not prohibit the landlord and tenant from agreeing to amend the
lease to effect such a change; the amendment must be in writing and subscribed
by both parties.
(c)
Any term or condition in a rental agreement between the landlord and the tenant
that is inconsistent with this Section is void and unenforceable.
(d)
Nothing in this Section affects the relationship between a utility company and
its customers.
765
ILCS 735 Sec.
1.3. Tenant remedies and burdens of proof.
(a)
A residential tenant shall be entitled to recover damages from the landlord for
the utility bills rendered in the tenant's name as a result of the landlord's
violation of this Act and which the landlord has not paid to the utility
company. The tenant shall have the burden of establishing that the tenant was
billed for utility service as a result of the landlord's violation of this Act.
Upon proof by the tenant that the tenant was billed an amount for service not
attributable to the unit or premises occupied by the tenant, the landlord shall
be liable to the tenant for 100% of those utility bills. However, this sum shall
be reduced by whatever percentage of use that the court finds that the landlord
has established to have been attributable to the unit or premises the tenant
occupied during the period that the violation continued. The tenant may recover
these damages by an action at law or by a counterclaim in any action brought by
the landlord against the tenant. The court may treble the damage award when the
court finds that the landlord's violation of this Act was knowing or
intentional. The tenant may also recover costs and fees, including attorneys
fees, if the amount awarded by the court for utility service is in excess of
$3,000. The remedies contained in this Act do not limit or supersede any
remedies the tenant may have under a lease, contract, or the laws, including the
common law, of this State.
(b)
This Section shall be prospective in application; the remedies shall not attach
to any violation that occurred before July 1, 1992.
(c)
Nothing in this Section affects the relationship between a utility company and
its customers.
765
ILCS 735 Sec.
1.4. Prohibition on termination of utility service by landlord.
No landlord shall cause or request utility service to tenants to be interrupted,
discontinued, or terminated in an occupied building (i) by nonpayment of utility
bills for which the landlord has assumed responsibility by agreement or by
implication (such as where the utilities are master metered) or (ii) by
tampering with equipment or lines. This Section does not prohibit temporary
utility shutoffs in cases of emergencies such as gas leaks or fire or, upon 7
days written notice to each affected tenant, temporary shutoffs required for
building repairs or rehabilitation.
765
ILCS 735 Sec.
2. Receivership; utility service termination.
(a)
Tenants, upon receiving notice of utility service termination pursuant to
Section 1, and utility companies may petition the circuit court, or any court
having jurisdiction, for appointment of a receiver of rents due for use and
occupancy of the building. No one building may be the subject of more than 2
such petitions in any consecutive 12 month period. The petition shall be served
upon the landlord at his or her last known address and upon the utility company
which has rendered notice of termination of utility service, except when the
utility company is the petitioner. Upon a finding that the tenants' utility
service is subject to termination or has been terminated as a result of an
amount due and owing by the landlord to the utility company, the court shall
appoint a receiver who shall be authorized to collect rents due from the tenants
for use and occupancy of the building. The court shall also design a payment
plan through which the receiver shall be required to remit to the utility
company such portion of the funds as are necessary for payment of current
utility bills incurred during the term of the receivership, including any
security deposit requested by the utility in accordance with the rules and
regulations of the Illinois Commerce Commission. The receiver shall remit the
remainder of the collected rents as the court shall direct, taking into
consideration the ordinary and necessary expenses of the property including, but
not limited to, repair, maintenance, other utility bills, property taxes,
arrearages which were the subject of the petition, and any capital expenditures
deemed necessary by the court. The landlord or his or her agent shall be liable
for arrearages due to the utility company which the court in its payment plan
determines cannot feasibly be remitted by the receiver from the collected rents
within 12 months.
(b)
Within 10 days of the appointment of the receiver, during which time the utility
company shall not discontinue service to the building for reason of nonpayment,
such receiver shall make a determination as to whether or not the rents due for
the use and occupancy of the building can reasonably be expected to be
sufficient to pay current bills and to pay any security deposit which may be
requested by the utility. Upon a determination by the court that the rents due
for the use and occupancy of the building cannot reasonably be expected to be
sufficient to pay current bills and to pay any security deposit which may be
requested by the utility, such receivership shall be terminated.
(c)
In the event that a petition for receivership is filed after utility service has
been terminated, service shall be restored as soon as the utility company
receives notice that a receiver has been appointed. The receiver shall make all
reasonable efforts to provide to the utility access to the building at all
times.
(d)
Any receivership established pursuant to this Section shall be terminated by the
court upon its finding that the arrearage which was the subject of the petition
has been satisfied or upon its finding that the income from the building has
become insufficient to pay current utility bills and retire the arrearages as
ordered by the court and shows no reasonable likelihood of becoming sufficient.
765
ILCS 735 Sec.
2.1. Tenant damages.
(a)
A landlord's violation of Section 1.4 entitles the residential tenant to damages
from the landlord in the amount of a 100% abatement of the rental obligation for
each month, and prorated for each part of a month, that the utility service was
terminated and to consequential damages. The tenant has a duty to mitigate
damages.
(b)
When utility service is terminated as a result of the landlord's violation of
Section 1.4 under circumstances demonstrating the landlord's deliberate or
reckless indifference or wilful disregard for the rights of the tenants, or bad
faith, the court may additionally award each affected residential tenant in the
building statutory damages up to $300 each or the sum of $5,000 divided by the
number of affected tenants, whichever is less.
765
ILCS 735 Sec.
2.2. Recovery of damages; costs and fees. In
the case of a petition filed on or after July 1, 1992, where termination of
utility service is averted as a result of action taken by the utility company or
tenant or tenants under Section 2, the petitioner is entitled to recover its
costs (including court costs), fees (including attorney's fees), and expenses
incurred in connection with bringing the receivership proceeding. The costs,
fees, and expenses, and damages recoverable under Section 2.1, may be awarded by
the court in the receivership proceeding. The sum awarded by the court to the
utility company shall be paid by the receiver to the utility company out of the
rents paid to the receiver.
765
ILCS 735 Sec.
3. Notice of utility service termination. The
utility company shall notify all tenants of buildings with 3 or more residential
apartments of the proposed termination of utility service. This notice shall
contain the following information: (1) the specific date, no sooner than 10 days
after the notice is rendered, that utility service is subject to termination;
(2) a statement of the tenants' statutory right either (A) to pay the utility
company the amount due and owing by the landlord and to deduct the amount paid
to the utility company from the rent due on the rental agreement or (B) to
petition the court for appointment of a receiver to collect the rents due for
use and occupancy of the building and remit a portion to the utility company for
payment of utility bills; (3) the dollar amount of the utility bills due and
owing on the date such notice is given and the average monthly utility bill; and
(4) the name and telephone number of any legal services agency within the
utility company's service area where the tenants may obtain free legal
assistance. Any notice provided to tenants of a building under this Act shall be
of a conspicuous size, on red paper, and in at least 14 point bold face type,
except that the words "notice of (utility service) termination" shall
be in 36 point bold face type if the notice is posted, and shall state:
It
is unlawful for the landlord or his or her agent to alter,
deface, tamper with, or remove this notice. A landlord or his or her
agent who violates this provision is guilty of a Class C misdemeanor.
765
ILCS 735 Sec.
4. The
lessor, landlord or his agent shall not increase rent paid by the lessees or
tenants of the building in order to collect all or part of the amount lawfully
deducted for utility service pursuant to this Act.
765
ILCS 735 Sec.
5. Nothing
in this Act shall be construed to prevent a utility company from pursuing any
other action or remedy that it may have against the lessor, landlord or his
agent for any amounts due and owing to the utility company and nothing in this
Act shall be construed to prevent a utility company from acting in the interest
of public safety.
Tenant
Utility Payment Disclosure Act
765
ILCS 740 Sec.
5. Disclosure of utility payments included in rent.
(a)
No landlord may demand payment for master metered public utility services
pursuant to a lease provision providing for tenant payment of a proportionate
share of public utility service without the landlord first providing the tenant
with a copy in writing either as part of the lease or another written agreement
of the formula used by the landlord for allocating the public utility payments
among the tenants. The total of payments under the formula for the building as a
whole for a billing period may not exceed the sum demanded by the public
utility. The formula shall include all those that use that public utility
service and may reflect variations in apartment size or usage. The landlord
shall also make available to the tenant upon request a copy of the public
utility bill for any billing period for which payment is demanded. Nothing
herein shall preclude a landlord from leasing property to a tenant, including
the cost of utilities, for a rental which does not segregate or allocate the
cost of the utilities.
(b)
No condominium or common interest community association may demand payment for
master metered public utility services from a unit owner of a proportionate
share for public utility service without the condominium or common interest
community association first providing the unit owner with a copy in writing of
the formula used by the association for allocating the public utility payments
among the unit owners. The total of payments under the formula for the
association as a whole for the annual budgeted billing period may not exceed the
sum demanded by the public utility, provided however, that the board of
directors of the association may direct that any payments received by the
association in excess of actual utility bills be applied to other budgeted items
having a deficit, or be applied to the association's reserve fund, or be
credited to the account of the unit owners for the following year's budget. The
formula shall include all those that use that public utility service and may
reflect, but is not limited to, percent interest, unit size, or usage. The
condominium or common interest community association shall also make available
to the unit owner upon request a copy of the public utility bill for any billing
period for which payment is demanded. A condominium association shall have the
right to establish and maintain a system of master metering of public utility
services pursuant to Section 18.4 of the Condominium Property Act. A common
interest community association shall have the right to establish and maintain a
system of master metering of public utility services pursuant to Section 18.5 of
the Condominium Property Act.
ARTICLE
IX
FORCIBLE
ENTRY AND DETAINER
Part
1. In General
735
ILCS 5 Sec. 9-101. Forcible entry prohibited. No
person shall make an entry into lands or tenements except in cases where entry
is allowed by law, and in such cases he or she shall not enter with force, but
in a peaceable manner.
735
ILCS 5 Sec. 9-102. When action may be maintained.
(a)
The person entitled to the possession of lands or tenements may be restored
thereto under any of the following circumstances:
(1)
When a forcible entry is made thereon.
(2)
When a peaceable entry is made and the possession unlawfully withheld.
(3)
When entry is made into vacant or unoccupied lands or tenements without right or
title.
(4)
When any lessee of the lands or tenements, or any person holding under such
lessee, holds possession without right after the termination of the lease or
tenancy by its own limitation, condition or terms, or by notice to quit or
otherwise.
(5)
When a vendee having obtained possession under a written or verbal agreement to
purchase lands or tenements, and having failed to comply with the agreement,
withholds possession thereof, after demand in writing by the person entitled to
such possession; provided, however, that any such agreement for residential real
estate as defined in the Illinois Mortgage Foreclosure Law entered into on or
after July 1, 1987 where the purchase price is to be paid in installments over a
period in excess of 5 years and the amount unpaid under the terms of the
contract at the time of the filing of a foreclosure complaint under Article XV,
including principal and due and unpaid interest, is less than 80% of the
original purchase price shall be foreclosed under the Illinois Mortgage
Foreclosure Law. This amendatory Act of 1993 is declarative of existing law.
(6)
When lands or tenements have been conveyed by any grantor in possession, or sold
under the order or judgment of any court in this State, or by virtue of any sale
in any mortgage or deed of trust contained and the grantor in possession or
party to such order or judgment or to such mortgage or deed of trust, after the
expiration of the time of redemption, when redemption is allowed by law, refuses
or neglects to surrender possession thereof, after demand in writing by the
person entitled thereto, or his or her agent.
(7)
When any property is subject to the provisions of the Condominium Property Act,
the owner of a unit fails or refuses to pay when due his or her proportionate
share of the common expenses of such property, or of any other expenses lawfully
agreed upon or any unpaid fine, the Board of Managers or its agents have served
the demand set forth in Section 9-104.1 of this Article in the manner provided
for in that Section and the unit owner has failed to pay the amount claimed
within the time prescribed in the demand; or if the lessor-owner of a unit fails
to comply with the leasing requirements prescribed by subsection (n) of Section
18 of the Condominium Property Act or by the declaration, by-laws, and rules and
regulations of the condominium, or if a lessee of an owner is in breach of any
covenants, rules, regulations, or by-laws of the condominium, and the Board of
Managers or its agents have served the demand set forth in Section 9-104.2 of
this Article in the manner provided in that Section.
(8)
When any property is subject to the provisions of a declaration establishing a
common interest community and requiring the unit owner to pay regular or special
assessments for the maintenance or repair of common areas owned in common by all
of the owners of the common interest community or by the community association
and maintained for the use of the unit owners or of any other expenses of the
association lawfully agreed upon, and the unit owner fails or refuses to pay
when due his or her proportionate share of such assessments or expenses and the
board or its agents have served the demand set forth in Section 9-104.1 of this
Article in the manner provided for in that Section and the unit owner has failed
to pay the amount claimed within the time prescribed in the demand.
(b)
The provisions of paragraph (8) of subsection (a) of Section 9-102 and Section
9-104.3 of this Act shall not apply to any common interest community unless (1)
the association is a not-for-profit corporation, (2) unit owners are authorized
to attend meetings of the board of directors or board of managers of the
association in the same manner as provided for condominiums under the
Condominium Property Act, and (3) the board of managers or board of directors of
the common interest community association has, subsequent to the effective date
of this amendatory Act of 1984 voted to have the provisions of this Article
apply to such association and has delivered or mailed notice of such action to
the unit owners or unless the declaration of the association is recorded after
the effective date of this amendatory Act of 1985.
(c)
For purposes of this Article:
(1)
"Common interest community" means real estate other than a condominium
or cooperative with respect to which any person by virtue of his or her
ownership of a partial interest or unit therein is obligated to pay for
maintenance, improvement, insurance premiums, or real estate taxes of other real
estate described in a declaration which is administered by an association.
(2)
"Declaration" means any duly recorded instruments, however designated,
that have created a common interest community and any duly recorded amendments
to those instruments.
(3)
"Unit" means a physical portion of the common interest community
designated by separate ownership or occupancy by boundaries which are described
in a declaration.
(4)
"Unit owners' association" or "association" means the
association of all owners of units in the common interest community acting
pursuant to the declaration.
(d)
If the board of a common interest community elects to have the provisions of
this Article apply to such association or the declaration of the association is
recorded after the effective date of this amendatory Act of 1985, the provisions
of subsections (c) through (h) of Section 18.5 of the Condominium Property Act
applicable to a Master Association and condominium unit subject to such
association under subsections (c) through (h) of Section 18.5 shall be
applicable to the community associations and to its unit owners.
735
ILCS 5 Sec. 9-103. Mobile home site. The
rental of land upon which a mobile home is placed or the rental of a mobile home
and the land on which it is placed, for more than 30 days, shall be construed as
a lease of real property. However, nothing in this Section shall be construed to
affect the classification of mobile homes as real or personal property for
purposes of taxation.
735
ILCS 5 Sec. 9-104. Demand - Notice - Return. The
demand required by Section 9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the age of
13 years or upwards, residing on, or being in charge of, the premises; or in
case no one is in the actual possession of the premises, then by posting the
same on the premises. When such demand is made by an officer authorized to serve
process, his or her return is prima facie evidence of the facts therein stated,
and if such demand is made by any person not an officer, the return may be sworn
to by the person serving the same, and is then prima facie evidence of the facts
therein stated. The demand for possession may be in the following form:
To
....
I
hereby demand immediate possession of the following described premises:
(describing the same.)
The
demand shall be signed by the person claiming such possession, his or her agent,
or attorney.
735
ILCS 5 Sec. 9-104.1. Demand; Notice; Return; Condominium and Contract
Purchasers.
(a)
In case there is a contract for the purchase of such lands or tenements or in
case of condominium property, the demand shall give the purchaser under such
contract, or to the condominium unit owner, as the case may be, at least 30 days
to satisfy the terms of the demand before an action is filed. In case of a
condominium unit, the demand shall set forth the amount claimed which must be
paid within the time prescribed in the demand and the time period or periods
when the amounts were originally due, unless the demand is for compliance with
Section 18(n) of the Condominium Property Act, in which case the demand shall
set forth the nature of the lease and memorandum of lease or the leasing
requirement not satisfied. The amount claimed shall include regular or special
assessments, late charges or interest for delinquent assessments, and attorneys'
fees claimed for services incurred prior to the demand. Attorneys' fees claimed
by condominium associations in the demand shall be subject to review by the
courts in any forcible entry and detainer proceeding under subsection (b) of
Section 9-111 of this Act. The demand shall be signed by the person claiming
such possession, his or her agent, or attorney.
(b)
In the case of a condominium unit, the demand is not invalidated by partial
payment of amounts due if the payments do not, at the end of the notice period,
total the amounts demanded in the notice for common expenses, unpaid fines,
interest, late charges, reasonable attorney fees incurred prior to the
initiation of any court action and costs of collection. The person claiming
possession, or his or her agent or attorney, may, however, agree in writing to
withdraw the demand in exchange for receiving partial payment. To prevent
invalidation, the notice must prominently state:
"Only
FULL PAYMENT of all amounts demanded in this notice will invalidate the demand,
unless the person claiming possession, or his or her agent or attorney, agrees
in writing to withdraw the demand in exchange for receiving partial
payment."
(c)
The demand set forth in subsection (a) of this Section shall be served either
personally upon such purchaser or condominium unit owner or by sending the
demand thereof by registered or certified mail with return receipt requested to
the last known address of such purchaser or condominium unit owner or in case no
one is in the actual possession of the premises, then by posting the same on the
premises. When such demand is made by an officer authorized to serve process,
his or her return is prima facie evidence of the facts therein stated and if
such demand is made by any person not an officer, the return may be sworn to by
the person serving the same, and is then prima facie evidence of the facts
therein stated. To be effective service under this Section, a demand sent by
certified or registered mail to the last known address need not be received by
the purchaser or condominium unit owner. No other demand shall be required as a
prerequisite to filing an action under paragraph (7) of subsection (a) of
Section 9-102 of this Act. Service of the demand by registered or certified mail
shall be deemed effective upon deposit in the United States mail with proper
postage prepaid and addressed as provided in this subsection.
735
ILCS 5 Sec. 9-104.2. Demand - Notice - Termination of Lease and Possession of a
Condominium.
(a)
Unless the Board of Managers is seeking to terminate the right of possession of
a tenant or other occupant of a unit under an existing lease or other
arrangement with the owner of a unit, no demand nor summons need be served upon
the tenant or other occupant in connection with an action brought under
paragraph (7) of subsection (a) of Section 9-102 of this Article.
(a-5)
The Board of Managers may seek to terminate the right of possession of a tenant
or other occupant of a unit under an existing lease or other arrangement between
the tenant or other occupant and the defaulting owner of a unit, either within
the same action against the unit owner under paragraph (7) of subsection (a) of
Section 9-102 of this Article or independently thereafter under other paragraphs
of that subsection. If a tenant or other occupant of a unit is joined within the
same action against the defaulting unit owner under paragraph (7), only the unit
owner and not the tenant or other occupant need to be served with 30 days prior
written notice as provided in this Article. The tenant or other occupant may be
joined as additional defendants at the time the suit is filed or at any time
thereafter prior to execution of judgment for possession by filing, with or
without prior leave of the court, an amended complaint and summons for trial. If
the complaint alleges that the unit is occupied or may be occupied by persons
other than or in addition to the unit owner of record, that the identities of
the persons are concealed and unknown, they may be named and joined as defendant
"Unknown Occupants". Summons may be served on the defendant
"Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age of
13 years or greater, and if the summons is returned without service stating that
service cannot be obtained, constructive service may be obtained pursuant to
Section 9-107 of this Code with notice mailed to "Unknown Occupants"
at the address of the unit. If prior to execution of judgment for possession the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names and the record may be corrected upon hearing pursuant to
notice of motion served upon the identified defendant or defendants at the unit
in the manner provided by court rule for service of notice of motion. If however
an action under paragraph (7) was brought against the defaulting unit owner
only, and after obtaining judgment for possession and expiration of the stay on
enforcement the Board of Managers elects not to accept a tenant or occupant in
possession as its own and to commence a separate action, written notice of the
judgment against the unit owner and demand to quit the premises shall be served
on the tenant or other occupant in the manner provided under Section 9-211 at
least 10 days prior to bringing suit to recover possession from the tenant or
other occupant.
(b)
If a judgment for possession is granted to the Board of Managers under Section
9-111, any interest of the unit owner to receive rents under any lease
arrangement shall be deemed assigned to the Board of Managers until such time as
the judgment is vacated.
(c)
If a judgment for possession is entered, the Board of Managers may obtain from
the clerk of the court an informational certificate notifying any tenants not
parties to the proceeding of the assignment of the unit owner's interest in the
lease arrangement to the Board of Managers as a result of the entry of the
judgment for possession and stating that any rent hereinafter due the unit owner
or his agent under the lease arrangement should be paid to the Board of Managers
until further order of court. If the tenant pays his rent to the association
pursuant to the entry of such a judgement for possession, the unit owner may not
sue said tenant for any such amounts the tenant pays the association. Upon
service of the certificate on the tenant in the manner provided by Section 9-211
of this Code, the tenant shall be obligated to pay the rent under the lease
arrangement to the Board of Managers as it becomes due. If the tenant thereafter
fails and refuses to pay the rent, the Board of Managers may bring an action for
possession after making a demand for rent in accordance with Section 9-209 of
this Code.
(c-5)
In an action against the unit owner and lessee to evict a lessee for failure of
the lessor/owner of the condominium unit to comply with the leasing requirements
prescribed by subsection (n) of Section 18 of the Condominium Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially in
the following form:
"TO
A.B. You are hereby notified that in consequence of (here insert lessor-owner
name) failure to comply with the leasing requirements rescribed by Section 18(n)
of the Condominium Property Act or by the declaration, bylaws, and rules and
regulations of the condominium, or your default of any covenants, rules,
regulations or bylaws of the condominium, in (here insert the character of the
default) of the premises now occupied by you, being (here described the
premises) the Board of Managers of (here describe the condominium) Association
elects to terminate your lease, and you are hereby notified to quit and vacate
same within 10 days of this date.".
The
demand shall be signed by the Board of Managers, its agent, or attorney and
shall be served either personally upon the lessee with a copy to the unit owner
or by sending the demand thereof by registered or certified mail with return
receipt requested to the unit occupied by the lessee and to the last known
address of the unit owner, and no other demand of termination of such tenancy
shall be required. To be effective service under this Section, a demand sent by
certified mail, return receipt requested, to the unit occupied by the lessee and
to the last known address of the unit owner need not be received by the lessee
or condominium unit owner.
(d)
Nothing in this Section 9-104.2 is intended to confer upon a Board of Managers
any greater authority with respect to possession of a unit after a judgment than
was previously established by this Act.
735
ILCS 5 Sec. 9-104.3. Applicability of Article. All
common interest community associations electing pursuant to paragraph (8) of
subsection (a) of Section 9-102 to have this Article made applicable to such
association shall follow the same procedures and have the same rights and
responsibilities as condominium associations under this Article.
735
ILCS 5 Sec. 9-105. Growing crops. In
case of forfeiture under contract of purchase, the purchaser shall be entitled
to cultivate and gather the crops, if any, planted by him or her and grown or
growing on the premises at the time of the filing of the action, and shall have
the right to enter for the purpose of removing such crops, first paying or
tendering to the party entitled to the possession a reasonable compensation for
such use of the land before removing such crops.
735
ILCS 5 Sec. 9-106. Pleadings and evidence. On
complaint by the party or parties entitled to the possession of such premises
being filed in the circuit court for the county where such premises are
situated, stating that such party is entitled to the possession of such premises
(describing the same with reasonable certainty), and that the defendant (naming
the defendant) unlawfully withholds the possession thereof from him, her or
them, the clerk of the court shall issue a summons. The defendant may under a
general denial of the allegations of the complaint offer in evidence any matter
in defense of the action. Except as otherwise provided in Section 9-120, no
matters not germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise. However, a claim for rent may
be joined in the complaint, and judgment may be entered for the amount of rent
found due.
735
ILCS 5 Sec. 9-106.1.
Action for condominium assessments not barred or waived by acceptance of
assessments for time periods not covered by demand. An action brought under
paragraph (7) of subsection (a) of Section 9-102 of this Act is neither barred
nor waived by the action of a Board of Managers in accepting payments from a
unit owner for his or her proportionate share of the common expenses or of any
other expenses lawfully agreed upon for any time period other than that covered
by the demand.
735
ILCS 5 Sec. 9-107. Constructive service. If
the plaintiff, his or her agent, or attorney files a forcible detainer action,
with or without joinder of a claim for rent in the complaint, and is unable to
obtain personal service on the defendant and a summons duly issued in such
action is returned without service stating that service can not be obtained,
then the plaintiff, his or her agent or attorney may file an affidavit stating
that the defendant is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this State so
that process cannot be served upon him or her, and also stating the place of
residence of the defendant, if known, or if not known, that upon diligent
inquiry the affiant has not been able to ascertain the defendant's place of
residence, then in all such forcible detainer cases whether or not a claim for
rent is joined with the complaint for possession, the defendant may be notified
by posting and mailing of notices; or by publication and mailing, as provided
for in Section 2-206 of this Act. However, in cases where the defendant is
notified by posting and mailing of notices or by publication and mailing, and
the defendant does not appear generally, the court may rule only on the portion
of the complaint which seeks judgment for possession, and the court shall not
enter judgment as to any rent claim joined in the complaint or enter personal
judgment for any amount owed by a unit owner for his or her proportionate share
of the common expenses, however, an in rem judgment may be entered against the
unit for the amount of common expenses due, any other expenses lawfully agreed
upon or the amount of any unpaid fine, together with reasonable attorney fees,
if any, and costs. The claim for rent may remain pending until such time as the
defendant appears generally or is served with summons, but the order for
possession shall be final, enforceable and appealable if the court makes an
express written finding that there is no just reason for delaying enforcement or
appeal, as provided by Supreme Court rule of this State.
Such
notice shall be in the name of the clerk of the court, be directed to the
defendant, shall state the nature of the cause against the defendant and at
whose instance issued and the time and place for trial, and shall also state
that unless the defendant appears at the time and place fixed for trial,
judgment will be entered by default, and shall specify the character of the
judgment that will be entered in such cause. The sheriff shall post 3 copies of
the notice in 3 public places in the neighborhood of the court where the cause
is to be tried, at least 10 days prior to the day set for the appearance, and,
if the place of residence of the defendant is stated in any affidavit on file,
shall at the same time mail one copy of the notice addressed to such defendant
at such place of residence shown in such affidavit. On or before the day set for
the appearance, the sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and to whom and at
what address he or she mailed copies as required by this Section. For want of
sufficient notice any cause may be continued from time to time until the court
has jurisdiction of the defendant.
735
ILCS 5 Sec. 9-108. Jury trial. In
any case relating to premises used for residence purposes, either party may
demand trial by jury, notwithstanding any waiver of jury trial contained in any
lease or contract.
735
ILCS 5 Sec. 9-109. Trial ex parte. If
the defendant does not appear, having been duly summoned as herein provided the
trial may proceed ex parte, and may be tried by the court, without a jury.
735
ILCS 5 Sec. 9-109.5. Standard of Proof. After
a trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter judgment
for possession of the premises in favor of the plaintiff.
735
ILCS 5 Sec. 9-109.7. Stay of enforcement; drug related action. A
judgment for possession of the premises entered in an action brought by a lessor
or lessor's assignee, if the action was brought as a result of a lessor or
lessor's assignee declaring a lease void pursuant to Section 11 of the
Controlled Substance and Cannabis Nuisance Act, may not be stayed for any period
in excess of 7 days by the court. Thereafter the plaintiff shall be entitled to
re-enter the premises immediately. The sheriff or other lawfully deputized
officers shall execute an order entered pursuant to this Section within 7 days
of its entry, or within 7 days of the expiration of a stay of judgment, if one
is entered.
735
ILCS 5 Sec. 9-110. Judgment for whole premises - Stay of enforcement. If
it appears on the trial that the plaintiff is entitled to the possession of the
whole of the premises claimed, judgment for the possession thereof and for costs
shall be entered in favor of the plaintiff. However, if the action is brought
under Article IX of this Code and is based upon a breach of a contract entered
into on or after July 1, 1962 for the purchase of such premises, the court, by
order, may stay the enforcement of the judgment for a period not to exceed 60
days from the date of the judgment, or if the court finds that the amount unpaid
on the contract is less than 75% of the original purchase price, then the court
shall stay the enforcement of the judgment for a period of 180 days from the
date of the judgment. The court may order a stay of less than 180 days (but in
no event less than 60 days) if it is shown that the plaintiff, prior to the
filing of the action under Article IX of this Act, granted the defendant
previous extensions of time to pay the amounts due under the contract, or for
other good cause shown. If during such period of stay the defendant pays the
entire amount then due and payable under the terms of the contract other than
such portion of the principal balance due under the contract as would not be due
had no default occurred and costs and, if the contract provides therefore,
reasonable attorney's fees as fixed by the court, and cures all other defaults
then existing, the contract shall remain in force the same as if no default had
occurred. The relief granted to a defendant by this Section shall not be
exhausted by a single use thereof but shall not be again available with respect
to the same contract for a period of 5 years from the date of such judgment.
Whenever defendant cures the default under the contract pursuant to this
Section, the defendant may within the period of stay file a motion to vacate the
judgment in the court in which the judgment was entered, and, if the court, upon
the hearing of such motion, is satisfied that such default has been cured, such
judgment shall be vacated. Unless defendant files such motion to vacate in the
court or the judgment is otherwise stayed, enforcement of the judgment may
proceed immediately upon the expiration of such period of stay and all rights of
the defendant in and to the premises and in and to the real estate described in
the contract are terminated.
Nothing
herein contained shall be construed as affecting the right of a seller of such
premises to any lawful remedy or relief other than that provided by Part 1 of
Article IX of this Act.
735
ILCS 5 Sec. 9-111. Condominium property.
(a)
As to property subject to the provisions of the "Condominium Property
Act", approved June 20, 1963, as amended, when the action is based upon the
failure of an owner of a unit therein to pay when due his or her proportionate
share of the common expenses of the property, or of any other expenses lawfully
agreed upon or the amount of any unpaid fine, and if the court finds that the
expenses or fines are due to the plaintiff, the plaintiff shall be entitled to
the possession of the whole of the premises claimed, and judgment in favor of
the plaintiff shall be entered for the possession thereof and for the amount
found due by the court including interest and late charges, if any, together
with reasonable attorney's fees, if any, and for the plaintiff's costs. The
awarding of reasonable attorney's fees shall be pursuant to the standards set
forth in subsection (b) of this Section 9-111. The court shall, by order, stay
the enforcement of the judgment for possession for a period of not less than 60
days from the date of the judgment and may stay the enforcement of the judgment
for a period not to exceed 180 days from such date. Any judgment for money or
any rent assignment under subsection (b) of Section 9-104.2 is not subject to
this stay. If at any time, either during or after the period of stay, the
defendant pays such expenses found due by the court, and costs, and reasonable
attorney's fees as fixed by the court, and the defendant is not in arrears on
his or her share of the common expenses for the period subsequent to that
covered by the judgment, the defendant may file a motion to vacate the judgment
in the court in which the judgment was entered, and, if the court, upon the
hearing of such motion, is satisfied that the default in payment of the
proportionate share of expenses has been cured, and if the court finds that the
premises are not presently let by the board of managers as provided in Section
9-111.1 of this Act, the judgment shall be vacated. If the premises are being
let by the board of managers as provided in Section 9-111.1 of this Act, when
any judgment is sought to be vacated, the court shall vacate the judgment
effective concurrent with the expiration of the lease term. Unless defendant
files such motion to vacate in the court or the judgment is otherwise stayed,
enforcement of the judgment may proceed immediately upon the expiration of the
period of stay and all rights of the defendant to possession of his or her unit
shall cease and determine until the date that the judgment may thereafter be
vacated in accordance with the foregoing provisions, and notwithstanding payment
of the amount of any money judgment if the unit owner or occupant is in arrears
for the period after the date of entry of the judgment as
provided
in this Section. Nothing herein contained shall be construed as affecting the
right of the board of managers, or its agents, to any lawful remedy or relief
other than that provided by Part 1 of Article IX of this Act.
(b)
For purposes of determining reasonable attorney's fees under subsection (a), the
court shall consider:
(i)
the time expended by the attorney;
(ii)
the reasonableness of the hourly rate for the work performed;
(iii)
the reasonableness of the amount of time expended for the work performed; and
(iv)
the amount in controversy and the nature of the action.
735
ILCS 5 Sec. 9-111.1. Lease to bona fide tenant. Upon
the entry of a judgment in favor of a board of managers for possession of
property under the Condominium Property Act, as provided in Section 9-111 of
this Act, and upon delivery of possession of the premises by the sheriff or
other authorized official to the board of managers pursuant to execution upon
the judgment, the board of managers shall have the right and authority,
incidental to the right of possession of a unit under the judgment, but not the
obligation, to lease the unit to a bona fide tenant (whether the tenant is in
occupancy or not) pursuant to a written lease for a term not to exceed 13 months
from the date of expiration of the stay of judgment unless extended by order of
court upon notice to the dispossessed unit owner. The board of managers shall
first apply all rental income to assessments and other charges sued upon in the
action for possession plus statutory interest on a monetary judgment, if any,
attorneys' fees, and court costs incurred; and then to other expenses lawfully
agreed upon (including late charges), any fines and reasonable expenses
necessary to make the unit rentable, and lastly to assessments accrued
thereafter until assessments are current. Any surplus shall be remitted to the
unit owner. The court shall retain jurisdiction to determine the reasonableness
of the expense of making the unit rentable.
735
ILCS 5 Sec. 9-112. Judgment for part of premises. If
it shall appear that the plaintiff is entitled to the possession of only a part
of the premises claimed, the judgment shall be entered for that part only and
for costs, and for the residue defendant shall be dismissed.
735
ILCS 5 Sec. 9-113. Joinder of several tenants. Whenever
there is one lease for the whole of certain premises, and the actual possession
thereof, at the time of the filing of the action, is divided in severalty among
persons with, or other than the lessee, in one or more portions or parcels,
separately or severally held or occupied, all or so many of such persons, with
the lessee, as the plaintiff may elect, may be joined as defendants in one
action, and the recovery against them, with costs, shall be several, according
as their actual holdings are judicially determined.
735
ILCS 5 Sec. 9-114. Judgment against plaintiff. If
the plaintiff voluntarily dismisses the action, or fails to prove the
plaintiff's right to the possession, judgment for costs shall be entered in
favor of the defendant.
735
ILCS 5 Sec. 9-115. Dismissal as to part. The
plaintiff may at any time dismiss his or her action as to any one or more of the
defendants, and the jury or court may find any one or more of the defendants
liable, and the others not liable, and the court shall thereupon enter judgment
according to such finding.
735
ILCS 5 Sec. 9-116. Pending appeal. If
the plaintiff appeals, then, during and notwithstanding the pendency of such
appeal, the plaintiff is entitled to enforce, or accept from the defendant or
from any person claiming under him or her, performance of all obligations
imposed upon such defendant by the terms of any lease, contract, covenant or
agreement under which the defendant claims the right to possession, or by law,
as if such appeal has not been taken, without thereby affecting the appeal or
the judgment appealed from, and without thereby creating or reinstating any
tenancy or other relationship of the parties. However, if the result of the
prosecution of such appeal and entry of final judgment is that the defendant was
obligated to the plaintiff during the pendency thereof in a different form,
manner or amount than that in which any payment or payments made under the
provision of this Section was or were enforced or accepted, or in a different
form, manner or amount than that adjudged in any judgment entered by any court
in any other proceedings instituted by virtue of the provisions of this Section
during the pendency of the appeal, such payment or payments shall be deemed to
have been made to apply in the form, manner and amount resulting or arising from
the prosecution of such appeal, on account of the defendant's obligation.
735
ILCS 5 Sec. 9-117. Expiration of Judgment. No
judgment for possession obtained in an action brought under this Article may be
enforced more than 90 days after judgment is entered, unless upon motion by the
plaintiff the court grants an extension of the period of enforcement of the
judgment. Plaintiff's notice of motion shall contain the following notice
directed to the defendant:
"Your
landlord, (insert name), obtained an eviction judgment against you on (insert
date), but the sheriff did not evict you within the 90 days that the landlord
has to evict after a judgment in court. On the date stated in this notice, your
landlord will be asking the court to allow the sheriff to evict you based on
that judgment. You must attend the court hearing if you want the court to stop
the landlord from having you evicted. To prevent the eviction, you must be able
to prove that (1) the landlord and you made an agreement after the judgment (for
instance, to pay up back rent or to comply with the lease) and you have lived up
to the agreement; or (2) the reason the landlord brought the original eviction
case has been resolved or forgiven, and the eviction the landlord now wants the
court to grant is based on a new or different reason; or (3) that you have
another legal or equitable reason why the court should not grant the landlord's
request for your eviction."
The
court shall grant the motion for the extension of the judgment of possession
unless the defendant establishes that the tenancy has been reinstated, that the
breach upon which the judgment was issued has been cured or waived, that the
plaintiff and defendant entered into a post-judgment agreement whose terms the
defendant has performed, or that other legal or equitable grounds exist that bar
enforcement of the judgment. This Section does not apply to any action based
upon a breach of a contract entered into on or after July 1, 1962, for the
purchase of premises in which the court has entered a stay under Section 9-110;
nor shall this Section apply to any action to which the provisions of Section
9-111 apply; nor shall this Section affect the rights of Boards of Managers
under Section 9-104.2.
735
ILCS 5 Sec. 9-118. Emergency housing eviction proceedings.
(a)
As used in this Section:
"Cannabis"
has the meaning ascribed to that term in the Cannabis Control Act.
"Narcotics"
and "controlled substance" have the meanings ascribed to those terms
in the Illinois Controlled Substances Act.
(b)
This Section applies only if all of the following conditions are met:
(1)
The complaint seeks possession of premises that are owned or managed by a
housing authority established under the Housing Authorities Act or privately
owned and managed.
(2)
The verified complaint alleges that there is direct evidence of any of the
following:
(A)
unlawful possessing, serving, storing, manufacturing, cultivating, delivering,
using, selling, giving away, or trafficking in cannabis, narcotics, or
controlled substances within or upon the premises by or with the knowledge and
consent of, or in concert with the person or persons named in the complaint; or
(B)
the possession, use, sale, or delivery of a firearm which is otherwise
prohibited by State law within or upon the premises by or with the knowledge and
consent of, or in concert with, the person or persons named in the complaint; or
(C)
murder, attempted murder, kidnapping, attempted kidnapping, arson, attempted
arson, aggravated battery, criminal sexual assault, attempted criminal sexual
assault, aggravated criminal sexual assault, predatory criminal sexual assault
of a child, or criminal sexual abuse within or upon the premises by or with the
knowledge and consent of, or in concert with, the person or persons named in the
complaint.
(3)
Notice by verified complaint setting forth the relevant facts, and a demand for
possession of the type specified in Section 9-104 is served on the tenant or
occupant of the premises at least 14 days before a hearing on the complaint is
held, and proof of service of the complaint is submitted by the plaintiff to the
court.
(b-5)
In all actions brought under this Section 9-118, no predicate notice of
termination or demand for possession shall be required to initiate an eviction
action.
(c)
When a complaint has been filed under this Section, a hearing on the complaint
shall be scheduled on any day after the expiration of 14 days following the
filing of the complaint. The summons shall advise the defendant that a hearing
on the complaint shall be held at the specified date and time, and that the
defendant should be prepared to present any evidence on his or her behalf at
that time. If a plaintiff which is a public housing authority accepts rent from
the defendant after an action is initiated under this Section, the acceptance of
rent shall not be a cause for dismissal of the complaint.
(d)
If the defendant does not appear at the hearing, judgment for possession of the
premises in favor of the plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed in other proceedings
for possession. The matter shall not be continued beyond 7 days from the date
set for the first hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court finds, by a
preponderance of the evidence, that the allegations in the complaint have been
proven, the court shall enter judgment for possession of the premises in favor
of the plaintiff and the court shall order that the plaintiff shall be entitled
to re-enter the premises immediately.
(d-5)
If cannabis, narcotics, or controlled substances are found or used anywhere in
the premises, there is a rebuttable presumption either (1) that the cannabis,
narcotics, or controlled substances were used or possessed by a tenant or
occupant or (2) that a tenant or occupant permitted the premises to be used for
that use or possession, and knew or should have reasonably known that the
substance was used or possessed.
(e)
A judgment for possession entered under this Section may not be stayed for any
period in excess of 7 days by the court. Thereafter the plaintiff shall be
entitled to re-enter the premises immediately. The sheriff or other lawfully
deputized officers shall give priority to service and execution of orders
entered under this Section over other possession orders.
(f)
This Section shall not be construed to prohibit the use or possession of
cannabis, narcotics, or a controlled substance that has been legally obtained in
accordance with a valid prescription for the personal use of a lawful occupant
of a dwelling unit.
735
ILCS 5 Sec. 9-119. Emergency subsidized housing eviction proceedings.
(a)
As used in this Section:
"FmHA"
means the Farmers Home Administration or a local housing authority administering
an FmHA program.
"HUD"
means the United States Department of Housing and Urban Development, or the
Federal Housing Administration or a local housing authority administering a HUD
program.
"Section
8 contract" means a contract with HUD or FmHA which provides rent subsidies
entered into pursuant to Section 8 of the United States Housing Act of 1937 or
the Section 8 Existing Housing Program (24 C.F.R. Part 882).
"Subsidized
housing" means:
(1)
any housing or unit of housing subject to a Section 8 contract;
(2)
any housing or unit of housing owned, operated, or managed by a housing
authority established under the Housing Authorities Act; or
(3)
any housing or unit of housing financed by a loan or mortgage held by the
Illinois Housing Development Authority, a local housing authority, or the
federal Department of Housing and Urban Development ("HUD") that is:
(i)
insured or held by HUD under Section 221(d)(3) of the National Housing Act and
assisted under Section 101 of the Housing and Urban Development Act of 1965 or
Section 8 of the United States Housing Act of 1937;
(ii)
insured or held by HUD and bears interest at a rate determined under the proviso
of Section 221(d)(3) of the National Housing Act;
(iii)
insured, assisted, or held by HUD under Section 202 or 236 of the National
Housing Act;
(iv)
insured or held by HUD under Section 514 or 515 of the Housing Act of 1949;
(v)
insured or held by HUD under the United States Housing Act of 1937; or
(vi)
held by HUD and formerly insured under a program listed in subdivision (i),
(ii), (iii), (iv), or (v).
(b)
This Section applies only if all of the following conditions are met:
(1)
The verified complaint seeks possession of premises that are subsidized housing
as defined under this Section.
(2)
The verified complaint alleges that there is direct evidence of refusal by the
tenant to allow the landlord or agent of the landlord or other person authorized
by State or federal law or regulations or local ordinance to inspect the
premises, provided that all of the following conditions have been met:
(A)
on 2 separate occasions within a 30 day period the tenant, or another person on
the premises with the consent of the tenant, refuses to allow the landlord or
agent of the landlord or other person authorized by State or federal law or
regulations or local ordinance to inspect the premises;
(B)
the landlord then sends written notice to the tenant stating that (i) the
tenant, or a person on the premises with the consent of the tenant, failed twice
within a 30 day period to allow the landlord or agent of the landlord or other
person authorized by State or federal law or regulations or local ordinance to
inspect the premises and (ii) the tenant must allow the landlord or agent of the
landlord or other person authorized by State or federal law or regulations or
local ordinance to inspect the premises within the next 30 days or face
emergency eviction proceedings under this Section;
(C)
the tenant subsequently fails to allow the landlord or agent of the landlord or
other person authorized by State or federal law or regulations or local
ordinance to inspect the premises within 30 days of receiving the notice from
the landlord; and
(D)
the tenant's written lease states that the occurrence of the events described in
items (A), (B), and (C) may result in eviction.
(3)
Notice, by verified complaint setting forth the relevant facts, and a demand for
possession of the type specified in Section 9-104 is served on the tenant or
occupant of the premises at least 14 days before a hearing on the complaint is
held, and proof of service of the complaint is submitted by the plaintiff to the
court.
(c)
When a complaint has been filed under this Section, a hearing on the complaint
shall be scheduled on any day after the expiration of 14 days following the
filing of the complaint. The summons shall advise the defendant that a hearing
on the complaint shall be held at the specified date and time, and that the
defendant should be prepared to present any evidence on his or her behalf at
that time.
(d)
If the defendant does not appear at the hearing, judgment for possession of the
premises in favor of the plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed in other proceedings
for possession. The matter shall not be continued beyond 7 days from the date
set for the first hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court finds, by a
preponderance of the evidence, that the allegations in the complaint have been
proven, the court shall enter judgment for possession of the premises in favor
of the plaintiff and the court shall order that the plaintiff shall be entitled
to re-enter the premises immediately.
(e)
A judgment for possession entered under this Section may not be stayed for any
period in excess of 7 days by the court. Thereafter the plaintiff shall be
entitled to re-enter the premises immediately. The sheriff or other lawfully
deputized officers shall give priority to service and execution of orders
entered under this Section over other possession orders.
735
ILCS 5 Sec. 9-120. Leased premises used in furtherance of a criminal offense;
lease void at option of lessor or assignee.
(a)
If any lessee or occupant, on one or more occasions, uses or permits the use of
leased premises for the commission of any act that would constitute a felony or
a Class A misdemeanor under the laws of this State, the lease or rental
agreement shall, at the option of the lessor or the lessor's assignee become
void, and the owner or lessor shall be entitled to recover possession of the
leased premises as against a tenant holding over after the expiration of his or
her term.
(b)
The owner or lessor may bring a forcible entry and detainer action, or, if the
State's Attorney of the county in which the real property is located agrees,
assign to that State's Attorney the right to bring a forcible entry and detainer
action on behalf of the owner or lessor, against the lessee and all occupants of
the leased premises. The assignment must be in writing on a form prepared by the
State's Attorney of the county in which the real property is located. If the
owner or lessor assigns the right to bring a forcible entry and detainer action,
the assignment shall be limited to those rights and duties up to and including
delivery of the order of eviction to the sheriff for execution. The owner or
lessor shall remain liable for the cost of the eviction whether or not the right
to bring the forcible entry and detainer action has been assigned.
(c)
A person does not forfeit any part of his or her security deposit due solely to
an eviction under the provisions of this Section, except that a security deposit
may be used to pay fees charged by the sheriff for carrying out an eviction.
(d)
If a lessor or the lessor's assignee voids a lease or contract under the
provisions of this Section and the tenant or occupant has not vacated the
premises within 5 days after receipt of a written notice to vacate the premises,
the lessor or lessor's assignee may seek relief under this Article IX.
Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for
costs against a plaintiff seeking possession of the premises under this Section
shall not be awarded to the defendant unless the action was brought by the
plaintiff in bad faith. An action to possess premises under this Section shall
not be deemed to be in bad faith when the plaintiff based his or her cause of
action on information provided to him or her by a law enforcement agency or the
State's Attorney.
(e)
After a trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter judgment
for possession of the premises in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises immediately.
(f)
A judgment for possession of the premises entered in an action brought by a
lessor or lessor's assignee, if the action was brought as a result of a lessor
or lessor's assignee declaring a lease void pursuant to this Section, may not be
stayed for any period in excess of 7 days by the court unless all parties agree
to a longer period. Thereafter the plaintiff shall be entitled to re-enter the
premises immediately. The sheriff or other lawfully deputized officers shall
execute an order entered pursuant to this Section within 7 days of its entry, or
within 7 days of the expiration of a stay of judgment, if one is entered.
(g)
Nothing in this Section shall limit the rights of an owner or lessor to bring a
forcible entry and detainer action on the basis of other applicable law.
ARTICLE
VI
EJECTMENT
735
ILCS 5 Sec. 6-101. Bringing action. An
action of ejectment may be brought in the cases and manner heretofore
accustomed, subject to the provisions contained in Article VI of this Act.
735
ILCS 5 Sec. 6-102. Interest in land. It
may also be brought to recover lands, tenements or hereditaments, and by any
person claiming an estate therein, in fee for life or for years, whether as
heir, legatee or purchaser.
735
ILCS 5 Sec. 6-103. Lessee of United States or of this State. In
all cases in which any person has heretofore entered upon and occupied or shall
hereafter enter upon and occupy, any lands, tenements or hereditaments within
this state, by virtue of any lease or permit from the United States or this
state, such person, his, her or their legatees, executors, administrators, heirs
or assigns, may have and maintain an action of ejectment against any person who
has or may enter upon such lands, tenements or hereditaments without the consent
of such lessee, his, her or their legatees, executors, administrators, heirs or
assigns, and proof of the right of possession shall be sufficient to authorize a
recovery.
735
ILCS 5 Sec. 6-104. Interest of plaintiff. No
person shall recover in ejectment unless he or she has, at the time of
commencing the action, a valid subsisting interest in the premises claimed, and
a right to recover the same, or to recover the possession thereof, or of some
share, interest or portion thereof, to be proved and established at the trial.
735
ILCS 5 Sec. 6-105. Joinder of plaintiffs. Any
two or more persons claiming the same premises as joint tenants or tenants in
common, may join in an action for the recovery thereof, or any one may sue alone
for his or her share.
735
ILCS 5 Sec. 6-106. Joinder of defendants. If
the premises for which the action is brought are actually occupied by any
person, such actual occupant shall be named defendant in the action; and all
other persons claiming title or interest to or in the same may also be joined as
defendants.
735
ILCS 5 Sec. 6-107. Vacant land. If
the premises are not occupied, the action shall be brought against some person
exercising ownership on the premises claimed, or claiming title thereto, or some
interest therein, at the commencement of the action.
735
ILCS 5 Sec. 6-108. Pleading as in other civil cases. The
time of filing complaints in actions of ejectment shall be the same as in other
civil
cases;
and the rules of pleading and practice in other civil cases shall apply to
actions of ejectment, so far as they are applicable, and except as is otherwise
provided by Article VI of this Act.
735
ILCS 5 Sec. 6-109. Allegations in complaint. It
shall be sufficient for the plaintiff to allege in the complaint that (on some
day therein to be
specified,
and which shall be after his or her title accrued), he or she was possessed of
the premises involved (describing them as hereinafter provided), and, being so
possessed thereof, that the defendant afterwards (on some day to be stated)
entered into such premises, and that he or she unlawfully withholds from the
plaintiff the possession thereof, to his or her damage any nominal sum the
plaintiff deems proper to state.
735
ILCS 5 Sec. 6-110. Description of premises. The
premises so claimed shall be described in such complaint with convenient
certainty, so that, from such description, possession of the premises claimed
may be delivered. If the plaintiff claims any undivided share of interest in any
premises, he or she shall state the same particularly in the complaint; but the
plaintiff, in any case, may recover such part, share or interest in the
premises
as he or she shall appear on the trial to be entitled to.
735
ILCS 5 Sec. 6-111. Interest claimed. The
plaintiff shall state whether he or she claims in fee, or whether he or she
claims for his or her own life, or the life of another, or for a term of years,
specifying such life or the duration of such term.
735
ILCS 5 Sec. 6-112. Limited to matters which are germane. The
complaint may contain several counts, and several parties may be named as
plaintiffs, jointly in one count and separately in others. Except as provided in
this Article, no matters not germane to the distinctive purpose of the action
shall be introduced by joinder, counterclaim or otherwise.
735
ILCS 5 Sec. 6-113. Summons as in other civil cases. Summons
shall be issued, tested, served and returned as summons in other civil cases.
735
ILCS 5 Sec. 6-114. Notice to landlord. Every
tenant who is sued in ejectment by any person other than his or her landlord,
shall forthwith give notice thereof to his or her landlord, or to his or her
agent or attorney, under the penalty of forfeiting 2 years' rent of the premises
involved, or the value thereof, to be recovered by such landlord by civil
action.
735
ILCS 5 Sec. 6-115. Landlord as defendant. The
landlord, whose tenant is sued in ejectment, may, upon his or her own motion or
that of the plaintiff, be made defendant in such action, upon such terms as may
be ordered by the court.
735
ILCS 5 Sec. 6-116. Pleading by defendant. The
defendant may file any appropriate motion as in ordinary civil cases, and may
answer as hereinafter provided by way of general denial, or specific denial or
affirmative defense, and such motion or answer shall constitute an appearance in
the case.
735
ILCS 5 Sec. 6-117. General denial. Under
a general denial which alleges generally that the defendant is not guilty of
unlawfully withholding the premises claimed by the plaintiff, the defendant may
offer in evidence any matter that may tend to defeat the plaintiff's action,
except that it shall not put in issue the possession of the premises by the
defendant or that he or she claims title or interest in the premises.
735
ILCS 5 Sec. 6-118. Plaintiff's proof. It
is not necessary for the plaintiff to prove that the defendant was in possession
of the premises, or claims title or interest therein at the time of bringing the
action, or that the plaintiff demanded the possession of the premises, unless
the defendant in his or her answer verified by affidavit specifically denies
that he or she was in such possession, or claims title or interest therein, or
that demand of possession was made.
735
ILCS 5 Sec. 6-119. Plaintiff's proof - Continued. It
is not necessary for the plaintiff to prove an actual entry under title, nor the
actual receipt of any of the profits of the premises demanded; but it shall be
sufficient for the plaintiff to prove a right to the possession of such premises
at the time of the commencement of the action, as heir, legatee, purchaser or
otherwise.
735
ILCS 5 Sec. 6-120. Evidence. It
is not necessary on the trial for the defendant to admit, nor for the plaintiff
to prove lease, entry and ouster, or either of them, except in actions by one or
more tenants in common, or joint tenants against their co-tenants; but this
section shall not be construed to impair, nor in any way to affect, any of the
rules of evidence now in force in regard to the maintenance and defense of the
action.
735
ILCS 5 Sec. 6-121. Claim of title through common source. If
the plaintiff, or his or her agent or attorney, states under oath that he or she
claims title through a common source with the defendant, it is sufficient for
the plaintiff to show title from such common source, unless the defendant, or
his or her agent or attorney, denies, on oath, that he or she claims title
through such source, or swears that he or she claims title through some other
source.
735
ILCS 5 Sec. 6-122. Action against co-tenants. If
the action is brought by one or more tenants in common, or joint tenants against
their co-tenants, the plaintiff, in addition to all other evidence which he or
she may be bound to introduce, shall be required to prove, on the trial of the
cause, that the defendant actually ousted the plaintiff, or did some other act
amounting to a total denial of his or her right as such co-tenant.
735
ILCS 5 Sec. 6-123. Proof of interest. It
is not an objection to a recovery in an action of ejectment that any one of
several plaintiffs do not prove any interest in the premises claimed, but those
entitled shall have judgment, according to their rights, for the whole or such
part or portion as he, she or they might have recovered if he, she or they had
sued in his, her or their name or names only.
735
ILCS 5 Sec. 6-124. Action against several. If
the action is against several, and the plaintiff is entitled to recover, he or
she shall recover against all who are in joint possession or claim the title,
whether they have pleaded separately or jointly.
735
ILCS 5 Sec. 6-125. Proof of occupancy. When
the action is against several defendants, if it is proved on the trial that any
of them occupy distinct parcels in severalty or jointly, the plaintiff shall
elect, at the trial, against which he or she will proceed; and such election
shall be made before the evidence in the action is closed, and the action shall
be dismissed as to the defendants not so proceeded against.
735
ILCS 5 Sec. 6-126. Specificity of verdict. In
the following cases, if tried by a jury, the verdict shall be rendered as
follows:
1.
If it is proved on the trial that all the plaintiffs have a right to recover the
possession of the premises, the verdict shall be for the plaintiffs generally.
2.
If it is proved that one or more of the plaintiffs has a right to the possession
of the premises, and that one or more does not have such right, the verdict
shall specify for which plaintiff the jury finds, and as to which plaintiff the
jury finds for the defendant.
3.
If the verdict is for any plaintiff, and there are several defendants, the
verdict shall be rendered against such of them as were in possession of the
premises or as claimed title thereto at the commencement of the action.
4.
If the verdict is for all the premises claimed, as specified in the complaint,
it shall, in that respect, be for such premises generally.
5.
If the verdict is for a part of the premises described in such complaint, the
verdict shall particularly specify such part, as the same was proved, with the
same certainty hereinbefore required in the description of the premises claimed.
6.
If the verdict is for an undivided share or interest in the premises claimed, it
shall specify such share or interest; and if for an undivided share in a part of
the premises claimed, it shall specify such share, and shall describe such part
of the premises as hereinbefore required.
The
verdict shall also specify the estate which has been established on the trial,
by the plaintiff in whose favor it is rendered, whether such estate is in fee or
for his or her own life or for the life of another, stating such lives, or
whether it is for a term of years, and specifying the duration of such term.
735
ILCS 5 Sec. 6-127. Expiration of plaintiff's right or termination of plaintiff's
title before trial. If
the right of a plaintiff in ejectment expires or the plaintiff's title
terminates after the commencement of the action, but before trial, the verdict,
if tried by a jury, shall be returned according to the fact, and judgment shall
be entered that the plaintiff recover his or her damages by reason of the
withholding of the premises, by the defendant, to be assessed, and that as to
the premises claimed, the action shall be dismissed; and such damages may be
thereupon assessed by the court or jury trying the case.
735
ILCS 5 Sec. 6-128. Suggestion of death. If
there are several plaintiffs in an action of ejectment, and any of them die
before final judgment, the death of such party may be suggested of record, and
the executor, administrator, heir or legatee of the deceased party shall be
allowed to proceed with the action jointly with the survivor, in the same manner
as if he or she had originally joined with him or her in commencing the action.
735
ILCS 5 Sec. 6-129. Judgment. In
cases where no other provision is made, the judgment in the action, if the
plaintiff prevails, shall be that the plaintiff recover the possession of the
premises, according to the verdict of the jury, if there was such a verdict, or
the finding of the court, if the case is tried without a jury, or according to
the description thereof in the complaint, with costs to be taxed, if the
judgment is by default.
735
ILCS 5 Sec. 6-130. Recovery of rents and profits. The
plaintiff recovering judgment in ejectment in any of the cases in which such
action may be maintained, shall also be entitled to recover damages against the
defendant for the rents and profits of the premises recovered.
735
ILCS 5 Sec. 6-131. Conclusiveness of judgment. Every
judgment in the action of ejectment shall be conclusive as to the title
established in such action upon the party against whom the same is rendered, and
against all persons claiming from, through or under such party, by title
accruing after the commencement of such action, subject to the exceptions
hereinafter named.
735
ILCS 5 Sec. 6-132. New trial as in other civil cases. The
court may grant a new trial before or after final judgment, as in other civil
cases.
735
ILCS 5 Sec. 6-133. Petition for damages. Instead
of a separate action for the recovery of mesne profits, the plaintiff seeking to
recover such
damages
shall, within one year after the entering of the judgment, file a petition in
the ejectment action.
735
ILCS 5 Sec. 6-134. Petition stands as complaint. Such
petition shall be substantially in the same form as is now in use in other civil
cases for complaints and the same rules of pleading shall be observed as in
other civil cases.
735
ILCS 5 Sec. 6-135. Service of copy of petition. Upon
the filing of such petition, the defendant shall be served with a copy thereof.
735
ILCS 5 Sec. 6-136. Pleadings. The
pleadings following the filing of the petition and the proceedings thereon shall
be the same as in ordinary civil actions, but no matters shall be pleaded or
presented which were or might have been denied in such action of ejectment. The
defendant may plead a recovery by such defendant, or any other person, of the
same premises, or of part thereof, subsequent to the verdict of the jury if
tried by a jury, or to the finding of the court if tried without a jury, in such
action of ejectment, in bar or in mitigation of the damages claimed by the
plaintiff.
735
ILCS 5 Sec. 6-137. Issue of fact on petition. If
any issue of fact is presented on such petition, it shall be tried as in other
civil cases; and if such issue is found for the plaintiff, or if demand for
trial by jury has been made in accordance with law, a jury may assess damages in
the amount of the mesne profits received by the defendant since he or she
entered into possession of the premises, subject to the restrictions contained
in Article VI of this Act.
735
ILCS 5 Sec. 6-138. Extent of recovery. On
the trial of such issue, the plaintiff is required to establish and the
defendant may deny, the time when such defendant entered into the possession of
the premises, the time during which he or she enjoyed the mesne profits thereof,
and the value of such profits; and the record of the recovery in the action of
ejectment shall not be evidence of such time. On such trial, the defendant shall
have the same right to set off any improvements made on the premises, to the
amount of the plaintiff's claim, as is now or shall hereafter be judicially
allowed; and in estimating the plaintiff's damages, the value of the use by the
defendant of any improvements made by him or her shall not be allowed to the
plaintiff.
735
ILCS 5 Sec. 6-139. Death of plaintiff. If
the plaintiff in ejectment dies after issue joined or judgment entered therein,
the decedent's personal representatives may offer a suggestion of such death, of
the granting of letters of office to them, and may claim their right to the
mesne profits of the premises recovered, in the same manner, and with the like
effect, as the decedent; and the same proceedings shall in all respects be had
thereon.
735
ILCS 5 Sec. 6-140. When mesne profits not recoverable. Every
person who is hereafter evicted from any land for which he or she can show a
plain, clear and connected title deduced from the record of some public office,
without actual notice of an adverse title in like manner derived from record,
shall be exempt and free from all and every species of action, process or
prosecution for or on account of any rents, profits,
or damages, which have been done, accrued or incurred at any time prior
to receipt of actual notice of the adverse claim by which the eviction may be
effected, provided such person obtained peaceable possession of the land.
735
ILCS 5 Sec. 6-141. Notice of adverse claim. Notice
of any adverse claim or title to the land within the meaning of this Article is
to be given by bringing an action for the same, by the one or the other of the
parties, and may hereafter be given by bringing an action, as above provided, or
by delivering an attested copy of the entry, survey or patent, from which he or
she derives his or her title or claim, or leaving any such copy with the party
or the spouse of such party. Notice given by the delivery of an attested copy,
as above set out, is void, unless an action is filed within one year thereafter.
In no case shall the proprietor of the better title be obliged to pay to the
occupying claimant, for improvements made after notice, more than what is equal
to the rents and profits above set forth.
735
ILCS 5 Sec. 6-142. Notice to occupying claimant. Notice
to any occupying claimant shall bind all those claiming from, by or through such
occupying claimant, to the extent of such claim.
735
ILCS 5 Sec. 6-149. Stay of waste - Security. Nothing
herein contained shall be construed so as to prevent any court from entering an
order to stay waste, and ordering a party to give bond and security in such
manner as the court may deem appropriate.
735
ILCS 5 Sec. 6-150. Abolition of common law fictions. The
following common law fictions are abolished:
(1)
The use of fictitious names of plaintiffs or defendants and of the names of any
other than the real claimants and the real defendants, and the statements of any
lease or demise to the plaintiff, and of an ejectment by a casual or nominal
ejector.
(2)
The consent rule.