Bill Amendment: IL SB0758 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EVICTIONS-CONSTRUCTIVE NOTICE

Status: 2019-01-09 - Session Sine Die [SB0758 Detail]

Download: Illinois-2017-SB0758-Senate_Amendment_001.html

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Sen. Jason A. Barickman

Filed: 2/22/2017

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AMENDMENT TO SENATE BILL 758
AMENDMENT NO. ______. Amend Senate Bill 758 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Section 9-211 as follows:
(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
Sec. 9-211. Service of demand or notice.
(a) Except as provided in subsection (b), any 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.

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(b) If the landlord is unable to obtain service of the
demand as provided in subsection (a), then the landlord or his
or her agent or attorney may file an affidavit stating that the
tenant or unknown occupant 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 the demand
cannot be served upon him or her, and also stating the place of
residence of the tenant or unknown occupant, if known, or if
not known, that upon diligent inquiry the affiant has not been
able to ascertain the place of residence of the tenant or
unknown occupant, then in all such forcible detainer cases
whether or not a claim for rent is joined with the complaint
for possession, the tenant or unknown occupant may be notified
of the demand by posting and mailing of notices; or by
publication and mailing, as provided for in Section 2-206 of
this Code. However, if the tenant or unknown occupant is
notified of the demand by posting and mailing of notices or by
publication and mailing, and the tenant or unknown occupant
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

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unpaid fine, together with reasonable attorney's fees, if any,
and costs. The claim for rent may remain pending until such
time as the tenant or unknown occupant 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.
The sheriff shall post 3 copies of the demand in 3 public
places in the neighborhood of the court where the cause is to
be tried, at least 10 days prior to the filing of the action,
and, if the place of residence of the tenant or unknown
occupant is stated in any affidavit on file, shall at the same
time mail one copy of the demand addressed to the tenant or
unknown occupant at the place of residence shown in the
affidavit. On or before the day set for the appearance, the
sheriff shall file the demand 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 a copy of the
demand as required by this Section. For want of sufficient
notice of the demand any cause may be continued from time to
time until the demand has been served upon the tenant or
unknown occupant.
(Source: P.A. 83-355.)".