Public Act 90-0360 of the 90th General Assembly
Public Act 90-0360
HB1140 Enrolled LRB9002579WHmg
AN ACT to amend the Code of Civil Procedure by changing
Section 9-106 and adding Section 9-120.
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 9-106 and adding Section 9-120 as follows:
(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
Sec. 9-106. Pleadings and evidence. On complaint by the
party or parties entitled to the possession of such premises
being filed in the circuit court for the county where such
premises are situated, stating that such party is entitled to
the possession of such premises (describing the same with
reasonable certainty), and that the defendant (naming the
defendant) unlawfully withholds the possession thereof from
him, her or them, the clerk of the court shall issue a
summons.
The defendant may under a general denial of the
allegations of the complaint offer in evidence any matter in
defense of the action. Except as otherwise provided in
Section 9-120, no matters not germane to the distinctive
purpose of the proceeding shall be introduced by joinder,
counterclaim or otherwise. However, a claim for rent may be
joined in the complaint, and judgment may be entered for the
amount of rent found due.
(Source: P.A. 82-280.)
(735 ILCS 5/9-120 new)
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.
(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 agrees, assign to that
State's Attorney 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. 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.
(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.