SB1400 104TH GENERAL ASSEMBLY

LRB104 08853 JRC 18908 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1400

Introduced 1/31/2025, by Sen. Dave Syverson

SYNOPSIS AS INTRODUCED:

735 ILCS 5/13-102	from Ch. 110, par. 13-102
765 ILCS 705/21 new

Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act. Provides that no person has the right or legal standing to occupy or remain on or in any real property, residence, or structure if the person has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or the owner's agent; no documentation of payment of rent made to the owner of the property or the owner's agent; or otherwise fails to provide any evidence of an oral or written agreement in which a property interest is claimed. Provides that all persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. Provides that no subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibits subleases. Provides that a sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record to depart.

A BILL FOR

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 13-102 as follows:

(735 ILCS 5/13-102) (from Ch. 110, par. 13-102)

Sec. 13-102. Breach of condition subsequent. No person shall commence an action for the recovery of lands, nor make an entry thereon, by reason of the breach of a condition subsequent, unless within 7 years after the time that condition is first broken. Continuing, successive or recurring breaches shall not extend the time for commencing the action or making the entry. Possession shall be deemed to be adverse and hostile from and after the first breach of a condition subsequent, notwithstanding the occurrence of successive or recurrent breaches. Possession is not adverse and hostile for any time during a 7-year period the person was in possession of lands in violation of Section 21 of the Landlord and Tenant Act.

(Source: P.A. 82-280.)

Section 10. The Landlord and Tenant Act is amended by adding Section 21 as follows:

(765 ILCS 705/21 new)

Sec. 21. Illegal possession of property. No person shall have a right or legal standing to occupy or remain on or in any real property, residence, or structure if the person has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or the owner's agent; has no documentation of payment of rent made to the owner of the property or the owner's agent; or otherwise fails to provide any evidence of an oral or written agreement in which a property interest is claimed. All persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. No subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibits subleases. A sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record, or the property owner's designee, to depart. If a person occupying a property as an invitee of a lessee or an authorized occupant of the property, the property owner shall comply with the notification requirements of subsection (g) of Section 9-106.2 of the Code of Civil Procedure.