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Public Act 097-0236
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| SB1766 Enrolled | LRB097 08058 AJO 48181 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 9-120 as follows:
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(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
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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 |
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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
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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. |
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(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
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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
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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 |
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shall be entitled to re-enter the premises
immediately. The |
sheriff or other lawfully deputized officers shall execute an
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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.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |