93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4378

 

Introduced 02/03/04, by Larry McKeon

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 705/10 new
765 ILCS 705/15 new

    Amends the Landlord and Tenant Act. Prohibits the lock-out of a tenant by the landlord. Provides a list of what constitutes a lockout. Lists permissible actions by a tenant if the condition of a dwelling place falls below the standard required by the Act due to the action or omission of the landlord and if the condition violation was not caused by the tenant. Effective immediately.


LRB093 19162 LCB 44897 b

 

 

A BILL FOR

 

HB4378 LRB093 19162 LCB 44897 b

1     AN ACT concerning property.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Landlord and Tenant Act is amended by adding
5 Sections 10 and 15 as follows:
 
6     (765 ILCS 705/10 new)
7     Sec. 10. Prohibition of lock-out.
8     (a) A landlord shall not lock a tenant out of the tenant's
9 unit. The following actions constitute a lock-out:
10         (1) plugging, changing, adding, or removing any lock or
11     latching device;
12         (2) blocking any entrance into the dwelling place;
13         (3) removing any door or window from the dwelling
14     place;
15         (4) interfering with services to the dwelling place,
16     including gas, hot or cold water, plumbing, heat, or
17     telephone service;
18         (5) removing the tenant's personal property from the
19     dwelling place;
20         (6) removing or incapacitating appliances or fixtures;
21         (7) using force or violence against a tenant;
22         (8) threatening to use force or violence against a
23     tenant; or
24         (9) any other act making the dwelling place or any part
25     of the dwelling place or any personal property of the
26     tenant in the dwelling place inaccessible or
27     uninhabitable.
28     (b) The following actions do not constitute a lock-out:
29         (1) eviction by the Sheriff after a judgment for
30     possession has been obtained through Article IX of the Code
31     of Civil Procedure;
32         (2) temporary interference with possession only as

 

 

HB4378 - 2 - LRB093 19162 LCB 44897 b

1     necessary to make needed repairs or inspection and only as
2     provided by law and with proper written notice; and
3         (3) entry after all tenants have abandoned a unit.
4     (c) In addition to any other remedy supplied in this Act or
5     under other law, if the landlord violates this Section, the
6     tenant may file suit and shall be entitled to both injunctive
7     relief and damages. Injunctive relief includes, but is not
8     limited to, restoration of possession of the tenant's dwelling
9     place, personal property, utility service, and relief against
10     future interference. Damages shall be in the amount of either
11     twice the tenant's actual damages or 6 times the monthly rent
12     for the unit, whichever is greater, plus the tenant's
13     reasonable attorney's fees and court costs.
 
14     (765 ILCS 705/15 new)
15     Sec. 15. Condition violation.
16     (a) If the condition of a dwelling place falls below the
17 standard required by this Act due to the action or omission of
18 the landlord, and if the condition violation was not caused by
19 the tenant, the tenant may, within 10 days of learning of the
20 violation, give the landlord written notice of the alleged
21 condition, and permit the landlord 10 days to remedy the
22 violation.
23     (b) If the violation is not substantially remedied within
24     those 10 days, the tenant may obtain an estimate of the cost of
25     repair. If the tenant fails to obtain an estimate of the cost
26     of repair, the tenant may not withhold more than one month's
27     rent to cover repair costs actually paid by the tenant, but may
28     proceed under subsection (d) of this Section so long as a
29     reasonable person would assume that the repair cost was greater
30     than one month's rent. No estimate need be obtained to proceed
31     with the remedies for denial of an essential service.
32     (c) If the estimate of the repair is equal to or less than
33     one month's rental payment, the tenant may pay for the repair
34     and deduct the actual cost of repair and the cost of the
35     estimate from rent due.

 

 

HB4378 - 3 - LRB093 19162 LCB 44897 b

1     (d) If the estimate of the repair is greater than one
2     month's rent, the tenant may withhold one-half of the monthly
3     rental amount in satisfaction of the tenant's rental obligation
4     until the violation is substantially repaired. In addition, the
5     tenant may deduct the cost of the estimate.
6     (e) If the estimate of the repair is greater than one
7     month's rent, and if the landlord commences repair within the
8     10 days provided, but is unable to complete repair within that
9     time, the tenant may deduct one-quarter of the monthly rental
10     amount in satisfaction of the tenant's rental obligation until
11     the violation is substantially repaired. However, if the
12     landlord fails to make a good faith effort to complete the
13     repairs in a timely fashion, the tenant may increase the
14     withholding to one-half of the monthly rental amount until the
15     violation is substantially repaired.
16     (f) If the violation amounts to a denial of an essential
17     service, such as failure to supply sufficient heat, running
18     water, hot water, electric, gas, or other basic shelter issue,
19     the tenant may begin withholding all of the monthly rent
20     beginning the day after the tenant gives the landlord notice of
21     the denial of the essential service. Concurrently, the tenant
22     may procure reasonable amounts of the essential service not
23     supplied and bill the landlord for the cost of that service, or
24     deduct the cost of service from the rent.
25     (g) If the violation of the essential service continues for
26     72 hours, the tenant may either continue with the remedies
27     specified in subsection (f) of this Section, or may give the
28     landlord notice that the tenant will terminate the lease and
29     vacate the property at will.
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.