(765 ILCS 705/5)
Sec. 5. Class X felony by lessee or occupant.
(a) If, after the effective date of this amendatory Act of 1995, any
lessee or occupant is charged during his or her lease or contract term with
having
committed an offense on the premises constituting a Class X felony under
the laws of this State,
upon a judicial finding of probable cause at a preliminary hearing or
indictment by a grand jury,
the lease or contract for letting the premises shall,
at the
option of the lessor or the lessor's assignee, become void, and the owner
or the owner's assignee may notify the lessee or occupant by posting a written
notice at the premises requiring the lessee or occupant to vacate the leased
premises on or before a date 5 days after the giving of the notice. The notice
shall state the basis for its issuance on forms provided by the circuit court
clerk of the county in which the real property is located. The owner or
owner's assignee may have the same remedy to recover
possession
of the premises as against a tenant holding over after the expiration of his
or her term.
The owner or lessor may bring an eviction action.
(b) A person does not forfeit his or her security deposit or any
part of the security deposit due solely to an eviction under the provisions
of this Section.
(c) If a lessor or the lessor's assignee voids a contract under the
provisions of this Section, and a tenant or occupant has not vacated the
premises within 5 days after receipt of a written notice to vacate the
premises, the lessor or the lessor's assignee may seek relief under Article
IX of the Code of Civil Procedure. Notwithstanding Sections 9-112, 9-113,
and 9-114 of the Code of Civil Procedure, judgment for costs
against the plaintiff seeking eviction under this Section
shall not be awarded to the defendant unless the action was brought by the
plaintiff in bad faith. An eviction action under this Section
shall not be deemed to be in bad faith if 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.
(d) The provisions of this Section are enforceable only if the lessee or
occupant and the owner or owner's assignee have executed a lease addendum for
drug free housing as promulgated by the United States Department of Housing and
Urban Development or a substantially similar document.
(Source: P.A. 100-173, eff. 1-1-18 .)
|