Bill Amendment: IL SB0329 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIVIL LAW-TECH
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0329 Detail]
Download: Illinois-2025-SB0329-Senate_Amendment_001.html
Bill Title: CIVIL LAW-TECH
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0329 Detail]
Download: Illinois-2025-SB0329-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 329 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 329 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Landlord and Tenant Act is amended by | ||||||
| 5 | adding Section 35 as follows: | ||||||
| 6 | (765 ILCS 705/35 new) | ||||||
| 7 | Sec. 35. Broker fees. | ||||||
| 8 | (a) A residential property owner, landlord, lessor, or | ||||||
| 9 | sublessor who retains a real estate broker or residential | ||||||
| 10 | leasing agent to act as an agent in the leasing of residential | ||||||
| 11 | real estate may not require, direct, or otherwise cause a | ||||||
| 12 | broker or leasing agent to seek or collect any payment, fee, | ||||||
| 13 | commission, or other charge from a tenant or prospective | ||||||
| 14 | tenant for services performed for or at the direction of the | ||||||
| 15 | property owner. This prohibition includes, but is not limited | ||||||
| 16 | to, services related to listing the property, showing the | ||||||
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| 1 | property, screening or qualifying prospective tenants, and | ||||||
| 2 | preparing or executing lease documents. | ||||||
| 3 | (b) A residential property owner, landlord, lessor, or | ||||||
| 4 | sublessor may not demand or require that a tenant or | ||||||
| 5 | prospective tenant retain, hire, or engage a real estate | ||||||
| 6 | broker or residential leasing agent and pay the real estate | ||||||
| 7 | broker or residential leasing agent a fee or commission as a | ||||||
| 8 | condition to applying for or leasing a residential rental | ||||||
| 9 | unit. A residential property owner, landlord, lessor, or | ||||||
| 10 | sublessor may not demand or require that a tenant or | ||||||
| 11 | prospective tenant make any payment in violation of subsection | ||||||
| 12 | (a) of this Section. | ||||||
| 13 | (c) A tenant or prospective tenant alleging a violation of | ||||||
| 14 | this Section may bring a civil action against the person or | ||||||
| 15 | entity that is alleged to have violated this Section. The | ||||||
| 16 | court may award the tenant or prospective tenant injunctive | ||||||
| 17 | relief, monetary relief, attorney's fees, and costs. | ||||||
| 18 | (d) Nothing in this Section is intended to prohibit the | ||||||
| 19 | following: | ||||||
| 20 | (1) A residential property owner, landlord, lessor, or | ||||||
| 21 | sublessor from seeking or collecting an application or | ||||||
| 22 | screening fee from a tenant or prospective tenant. | ||||||
| 23 | (2) A real estate broker or residential leasing agent | ||||||
| 24 | from seeking or collecting any payment, fee, commission, | ||||||
| 25 | or other charge from the party that retained the services | ||||||
| 26 | of the real estate broker or residential leasing agent. | ||||||
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| 1 | (e) This Section does not apply to a broker or residential | ||||||
| 2 | leasing agent who enters into a dual agency relationship with | ||||||
| 3 | both parties of the same lease under the requirements of | ||||||
| 4 | Section 15-45 of the Real Estate License Act of 2000.". | ||||||
