Bill Text: IL HB1209 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Code of Civil Procedure. Provides that if an action is brought for possession of the residential premises of a tenant and the court finds that the tenant is more than 90 days in arrears on his or her rent, the court may order a stay of the enforcement of the judgment for no more than 10 days, or if the court finds that there is good cause for a longer stay, then the court may grant a stay in excess of 10 days, but in that event the court shall require that the tenant pay a pro rata amount of rent under terms established in the stay order.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-08-04 - Public Act . . . . . . . . . 97-0247 [HB1209 Detail]

Download: Illinois-2011-HB1209-Chaptered.html

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Public Act 097-0247
HB1209 Enrolled LRB097 07717 AJO 47828 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 9-209 as follows:
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
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, including a request for the pro rata
amount of rent due for any period that a judgment is stayed,
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.
(Source: P.A. 83-1398.)