Bill Text: IL HB1309 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Code of Civil Procedure. In provisions concerning leased premises used in furtherance of a criminal offense, provides that a written lease shall contain language that the commission of any act by the lessee, occupant, household member of the lessee or occupant, or guest of the lessee or occupant that would constitute a felony or Class A misdemeanor shall give the owner or lessor the right to void the lease and recover possession of the leased premises. Provides that under specified circumstances, an owner or lessor may assign to the State's Attorney of the county or the corporation counsel of the municipality in which the property is located (instead of the State's Attorney) the right to bring a forcible entry and detainer action on behalf of the owner or lessor. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1309 Detail]

Download: Illinois-2011-HB1309-Amended.html

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Rep. Anthony DeLuca

Filed: 5/11/2011

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AMENDMENT TO HOUSE BILL 1309
AMENDMENT NO. ______. Amend House Bill 1309 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Sections 9-120 and 9-210 as follows:
(735 ILCS 5/9-120)
Sec. 9-120. Leased premises used in furtherance of a
criminal offense; lease terminated 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, and the lessor has
received written notification from a law enforcement agency of
the use of the leased premises for the commission of an act
that would constitute a felony or a Class A misdemeanor, then

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the lease or rental agreement shall, at the option of the
lessor or the lessor's assignee be terminated 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. A written lease shall state that
if the lessee or occupant uses or permits the use of the 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 owner or lessor shall have the right to terminate the lease
and recover possession of the leased premises. Failure to
include this language in a lease, or the fact that the lease is
oral, shall not waive or impair the rights of the lessor or
lessor's assignee under this Section or the lease.
(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 or the corporation counsel
of the municipality in which the real property is located
agrees, assign to that State's Attorney or corporation counsel
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 alleging the criminal activity
and any other alleged violations of the lease. 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 or the
corporation counsel of the municipality in which the real
property is located, as applicable. If the owner or lessor

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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 terminates 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 under Section 9-210 of this
Code is provided 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, or the
municipality.
(e) After a trial, if the court finds, by a preponderance

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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 lessor plaintiff and the court
shall order that the lessor 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 based on an act
that would constitute a felony or a Class A misdemeanor, if the
action was brought as a result of a lessor or lessor's assignee
declaring a lease terminated 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
lessor 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) In an action brought under this Section the court may
also consider actions for forcible entry and detainer brought
under other Sections of this Code. 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.
(Source: P.A. 90-360, eff. 1-1-98.)
(735 ILCS 5/9-210) (from Ch. 110, par. 9-210)

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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, or, if the lessor is also providing notice of
termination pursuant to Section 9-120 of this Code, more than 5
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.)." If the
lessor is also providing notice of termination pursuant to
Section 9-120 of this Code, "10 days" in the preceding sentence
shall be replaced by "5 days".
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.
(Source: P.A. 82-280.)
Section 99. Effective date. This Act takes effect upon
becoming law.".