HB4378 93RD GENERAL ASSEMBLY

LRB093 19162 LCB 44897 b

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.

A BILL FOR

AN ACT concerning property.

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 Sections 10 and 15 as follows:

(765 ILCS 705/10 new)

Sec. 10. Prohibition of lock-out.

(a) A landlord shall not lock a tenant out of the tenant's unit. The following actions constitute a lock-out:

(1) plugging, changing, adding, or removing any lock or latching device;

(2) blocking any entrance into the dwelling place;

(3) removing any door or window from the dwelling place;

(4) interfering with services to the dwelling place, including gas, hot or cold water, plumbing, heat, or telephone service;

(5) removing the tenant's personal property from the dwelling place;

(6) removing or incapacitating appliances or fixtures;

(7) using force or violence against a tenant;

(8) threatening to use force or violence against a tenant; or

(9) any other act making the dwelling place or any part of the dwelling place or any personal property of the tenant in the dwelling place inaccessible or uninhabitable.

(b) The following actions do not constitute a lock-out:

(1) eviction by the Sheriff after a judgment for possession has been obtained through Article IX of the Code of Civil Procedure;

(2) temporary interference with possession only as necessary to make needed repairs or inspection and only as provided by law and with proper written notice; and

(3) entry after all tenants have abandoned a unit.

(c) In addition to any other remedy supplied in this Act or under other law, if the landlord violates this Section, the tenant may file suit and shall be entitled to both injunctive relief and damages. Injunctive relief includes, but is not limited to, restoration of possession of the tenant's dwelling place, personal property, utility service, and relief against future interference. Damages shall be in the amount of either twice the tenant's actual damages or 6 times the monthly rent for the unit, whichever is greater, plus the tenant's reasonable attorney's fees and court costs.

(765 ILCS 705/15 new)

Sec. 15. Condition violation.

(a) If the condition of a dwelling place falls below the standard required by this Act due to the action or omission of the landlord, and if the condition violation was not caused by the tenant, the tenant may, within 10 days of learning of the violation, give the landlord written notice of the alleged condition, and permit the landlord 10 days to remedy the violation.

(b) If the violation is not substantially remedied within those 10 days, the tenant may obtain an estimate of the cost of repair. If the tenant fails to obtain an estimate of the cost of repair, the tenant may not withhold more than one month's rent to cover repair costs actually paid by the tenant, but may proceed under subsection (d) of this Section so long as a reasonable person would assume that the repair cost was greater than one month's rent. No estimate need be obtained to proceed with the remedies for denial of an essential service.

(c) If the estimate of the repair is equal to or less than one month's rental payment, the tenant may pay for the repair and deduct the actual cost of repair and the cost of the estimate from rent due.

(d) If the estimate of the repair is greater than one month's rent, the tenant may withhold one-half of the monthly rental amount in satisfaction of the tenant's rental obligation until the violation is substantially repaired. In addition, the tenant may deduct the cost of the estimate.

(e) If the estimate of the repair is greater than one month's rent, and if the landlord commences repair within the 10 days provided, but is unable to complete repair within that time, the tenant may deduct one-quarter of the monthly rental amount in satisfaction of the tenant's rental obligation until the violation is substantially repaired. However, if the landlord fails to make a good faith effort to complete the repairs in a timely fashion, the tenant may increase the withholding to one-half of the monthly rental amount until the violation is substantially repaired.

(f) If the violation amounts to a denial of an essential service, such as failure to supply sufficient heat, running water, hot water, electric, gas, or other basic shelter issue, the tenant may begin withholding all of the monthly rent beginning the day after the tenant gives the landlord notice of the denial of the essential service. Concurrently, the tenant may procure reasonable amounts of the essential service not supplied and bill the landlord for the cost of that service, or deduct the cost of service from the rent.

(g) If the violation of the essential service continues for 72 hours, the tenant may either continue with the remedies specified in subsection (f) of this Section, or may give the landlord notice that the tenant will terminate the lease and vacate the property at will.

Section 99. Effective date. This Act takes effect upon becoming law.