| ||||
| Public Act 097-0236 | ||||
| ||||
| ||||
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 9-120 as follows: | ||||
(735 ILCS 5/9-120) | ||||
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. A | ||||
written lease shall notify the lessee that if any lessee or | ||||
occupant, on one or more occasions, uses or permits the use of | ||||
the leased premises for the commission of a felony or Class A | ||||
misdemeanor under the laws of this State, the lessor shall have | ||||
the right to void the lease and recover the leased premises. | ||||
Failure to include this language in a written lease or the use | ||||
of an oral lease shall not waive or impair the rights of the | ||||
lessor or lessor's assignee under this Section or the lease. | ||
This Section shall not be construed so as to diminish the | ||
rights of a lessor, if any, to terminate a lease for other | ||
reasons permitted under law or pursuant to the lease agreement. | ||
(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. 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 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, or the | ||
municipality. | ||
(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. | ||
(Source: P.A. 90-360, eff. 1-1-98.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||