HB5022 102ND GENERAL ASSEMBLY

LRB102 25002 LNS 34258 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5022

Introduced 1/27/2022, by Rep. Edgar Gonzalez, Jr.

SYNOPSIS AS INTRODUCED:

765 ILCS 705/17 new

Amends the Landlord and Tenant Act. Provides specific circumstances in which a tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit. Requires the landlord to give the tenant notice of the landlord's intent to enter of no less than 2 days. Allows the landlord to enter the dwelling unit without notice or consent of the tenant when entering for practical necessity if repairs or maintenance elsewhere in the building unexpectedly require access or in case of an emergency, but requires the landlord to give notice of the entry within 2 days after the entry.

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 Landlord and Tenant Act is amended by adding Section 17 as follows:

(765 ILCS 705/17 new)

Sec. 17. Landlord's right of access. A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:

(1) to make necessary or agreed repairs, decorations, alterations, or improvements;

(2) to supply necessary or agreed services;

(3) to conduct inspections authorized or required by any government agency;

(4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workers, or contractors;

(5) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;

(6) for practical necessity if repairs or maintenance elsewhere in the building unexpectedly require access;

(7) to determine a tenant's compliance with provisions in the rental agreement; and

(8) in an emergency.

The landlord shall not abuse the right of access or use it to harass the tenant. Except if access is authorized by paragraph (6) or (8), the landlord shall give the tenant no less than 2 days' notice of the landlord's intent to enter. The notice shall be provided directly to each dwelling unit by mail, text message, email, or written notice taped to or slipped under the door of the dwelling unit. If access is required because of repair work for common facilities or other apartments, a general notice may be given by the landlord to all potentially affected tenants that entry may be required. If access is authorized by paragraph (6) or (8), the landlord may enter the dwelling unit without notice or consent of the tenant. The landlord shall give the tenant notice of the entry within 2 days after the entry.

The landlord may enter only at reasonable times except in an emergency. An entry between 8:00 a.m. and 8:00 p.m. or at any other time expressly requested by the tenant is presumed reasonable.