HB4388 93RD GENERAL ASSEMBLY

LRB093 18223 LCB 43918 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4388

Introduced 02/03/04, by Larry McKeon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Residential Landlord-Tenant Act. Applies to residential tenancies. Contains provisions regarding: creation of tenancies; rights and responsibilities of landlords and tenants; the rights of tenants to organize; changes in the terms of tenancies; termination of tenancies; security deposits; and other matters.

A BILL FOR

AN ACT concerning residential tenancies.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS

Section 1-1. Short title. This Act may be cited as the Residential Landlord-Tenant Act.

Section 1-5. Application. This Act applies to, regulates, and determines rights, obligations, and remedies under a residential lease, wherever made, for a dwelling place located within this State.

Section 1-10. Exclusions. Unless created to avoid the application of this Act, the following arrangements are not governed by this Act:

(1) occupancy in an emergency and transitional shelter that provides no more than 120 days of housing without rent being paid;

(2) occupancy of less than 30 consecutive days in a hotel subject to the Hotel Operators' Occupation Tax Act;

(3) residence at an institution if that residence is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services;

(4) occupancy under a contract for sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or the person who succeeds to the purchaser's interest;

(5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and

(6) residential relationships governed by the Mobile Home Landlord and Tenant Rights Act.

Section 15. Definitions. As used in this Act:

"Tenant" means a person entitled by written or oral lease to occupy a dwelling place.

"Landlord" means the owner, agent, employee, lessor, sublessor, or the successor in interest of any of them of a dwelling place or the building of which the dwelling place is a part.

"Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.

"Dwelling place" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one or more persons who maintain a household, together with the common areas, land, and appurtenant buildings and all housing services, privileges, furnishings, and facilities supplied in connection with its use or occupancy including garage and parking facilities.

"Rent" means any consideration, including any payment, bonus, benefit, or gratuity demanded or received by a landlord for or in connection with the use or occupancy of a dwelling unit, but excluding security deposits, late fees, charges associated with damage caused by the tenant, utility payments, and any other irregular or conditional charges.

ARTICLE 2. CREATION OF TENANCY

Section 2-5. Application fees. The landlord shall not charge any application fee except for the actual cost of running a credit report. If a landlord chooses not to rent to an applicant because of information contained on a credit report, the landlord shall provide the notice required by the federal Fair Credit Reporting Act.

Section 2-10. Written lease agreements.

(a) Any lease provision in conflict with the provisions of this Act is void.

(b) If the landlord and tenant enter into a written lease, the landlord must tender to the tenant a copy of the lease within 10 days of its execution. If the landlord fails to tender the lease to the tenant within the 10-day period, the lease is voidable by the tenant in whole or in part.

(c) All written leases must be in the language used by the landlord to negotiate the lease. A written lease that does not comply with this term is unenforceable by the landlord. A landlord who employees a translator shall use a lease written in the language spoken between the translator and the prospective tenant.

(d) If the landlord accepts a deposit and holds the deposit for more than 10 days without entering into a lease, the payor of the deposit may at his or her election deem to have entered into a lease with the landlord for the rent amount and the rental period negotiated prior to acceptance of a security deposit. All other terms of the lease are limited to the terms of this Act. In the alternative, the tenant may elect not to rent from the landlord and may collect damages for the landlord's failure to return the deposit in the amount of 3 times the deposit plus attorney's fees and costs.

(e) A written lease may not include a provision in which the tenant confesses judgment or waives the right to trial by jury.

(f) The following summary of this Act shall be attached to all written leases and tendered to the tenant at the time of execution of any oral lease:

"SUMMARY OF ILLINOIS' RESIDENTIAL LANDLORD-TENANT ACT

As a residential tenant, State laws control many of your rights and responsibilities. This is a summary of one of the most comprehensive laws that speaks to many common problems faced by tenants and their landlords. More details are in the Act itself.

Application Fees: Landlords may not charge tenants application fees, but may charge tenants for the actual cost of a credit check.

Written Leases: You do not need to have a written lease. If you do, it must be in the language your landlord used to negotiate the lease, and your landlord must give you a copy within 10 days of when you signed it.

Landlord Identification: When you agree to lease an apartment, your landlord must tell you the name, street address, and phone number of the people:

-responsible for making repairs;

-collecting rent; and

-receiving court papers in a lawsuit.

Security Deposit Amount: Your security deposit cannot be larger than one month's rent payment. Every year your landlord must pay you interest on that deposit.

Inventory Checklists: Both when you move in and when you move out, you and your landlord must create an inventory checklist detailing the condition of the apartment.

Tenant Responsibilities: As a tenant you must:

-comply with building, housing or fire codes affecting health and safety;

-keep the apartment reasonably clean;

-appropriately dispose of garbage;

-use all appliances appropriately; and

-respect your neighbors' right to live undisturbed in their own dwellings.

Damage You Cause: If you damage your apartment, your landlord will:

(1) give you written notice asking you to discuss the cause of the damage and how to make the repair; and

(2) if you cannot work out a way to repair the damage with your landlord, the landlord will repair it and give you 30 days to pay back the cost of repair.

Landlord Responsibilities: Your landlord must:

-comply with building and housing codes affecting health and safety;

-make repairs in a timely manner;

-keep the common areas in a clean and safe condition;

-supply running water and reasonable amounts of hot water;

-supply heat at 68 degrees Fahrenheit from September 15th to June 1st; and

-provide you with written receipts.

Conditions Problems: If your landlord fails to keep the apartment in the required condition, you may give the landlord 10 days written notice of the problem. If the landlord does not substantially fix the problem in those 10 days:

(1) you may get an estimate of the cost to repair the defect in the unit;

(2) if the estimate for the repair is less than one month's rent, you may pay for the repair yourself, and take the amount you spent out of your rent payment; or

(3) if the estimate is for more than one month's rent, you may withhold 50% of your rent until the problem is substantially repaired.

Essential Services: If the landlord is responsible for you not having sufficient heat, running water, hot water, electric, gas, or other basic shelter service, you may tell the landlord of the problem. The next day, if the problem is not fixed, you may:

(1) withhold all your rent; and

(2) get the essential service on your own and bill the landlord for the cost.

If the problem is not fixed in 72 hours, you may tell the landlord that you are ending the lease and leave the property at your convenience.

Right to Organize: You have a right to organize a tenant organization and to participate in such an organization. Your landlord must also give such an organization access to existing common areas.

Landlord's Right of Entry: Your landlord may enter your unit without advance notice to respond to an emergency. Otherwise, your landlord may enter your unit for maintenance, repair, inspection, or showing to a prospective tenant, but only after giving you 48 hours notice.

Lockout Prohibited: You may not be locked out of your unit. Only a Sheriff can evict you. If your landlord makes your apartment unlivable to try to get you to leave, that may also be a prohibited lockout.

Fees in Addition to Rent: Your landlord may charge you for fees in addition to rent only if:

(1) the fee was disclosed to you in a lease, and separately initialed by you;

(2) the fee is not for maintenance; and

(3) the fee is not in excess of the actual cost paid by the landlord.

Rent increase: Your landlord cannot raise your rent until the end of your lease. In order to do so, your landlord must give you written notice of the intent to raise your rent. Your landlord must give you:

-30 days notice for an increase of 5% or less;

-60 days notice for an increase of more than 5% but not more than 10%; or

-90 days for an increase of more than 10%.

A landlord cannot raise the rent if the landlord has been cited for 10 or more violations of your locality's building code, until those violations are repaired.

Right to Sublease: Your landlord must accept a reasonable sublease.

Return of Security Deposit: If your landlord is not seeking to have you pay for damage to the unit, and if you do not owe rent, your landlord must return your security deposit within 10 days of when you tell your landlord you left the apartment.

Prohibition on Retaliation: Your landlord may not retaliate if you take certain actions in good faith, including:

-reporting code violations;

-requesting repairs; or

-testifying in court."

Section 2-15. Unconscionability.

(a) If the court finds:

(1) A lease or any provision thereof is unconscionable when made, the court shall refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(2) A settlement is unconscionable, the court shall refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease or settlement to aid the court in making the determination.

Section 2-20. Agents.

(a) At the same time as the creation of either a written or oral lease, a landlord must provide the tenant in writing with the name, street address, and phone number for the individual responsible for making repairs to the unit, for collecting rent, and for receipt of process. It is insufficient to provide a post office box address for receipt of process.

(b) If the landlord fails to provide this notice, the tenant may withhold rent until such time as the notice is provided.

(c) If the dwelling place is purchased by a new owner, the new owner must serve the notice required by subsection (a) of this Section on the tenant, along with written notice that title to the dwelling place has passed to the new owner. Until the notice is served, the tenant may withhold rent.

Section 2-25. Security deposits.

(a) A landlord shall neither demand nor receive a security deposit in excess of one month's rent.

(b) All security deposits shall be held in a federally insured interest-bearing account in a bank, savings and loan association, or other financial institution located in this State. A security deposit and all interest earned thereon remains the property of the tenant. The security deposit may not be commingled with the assets of the landlord and shall not be subject to the claims of any creditor of the landlord or of the landlord's successor in interest, including a foreclosing mortgagee or trustee in bankruptcy.

(c) Within 30 days of the end of each 12 month rental period, the landlord shall directly pay interest to the tenant computed from the date of the deposit, or the last date for which interest was paid, at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this State on minimum deposit passbook savings accounts as of December 31 of the calendar year immediately preceding the end of the 12 month period.

(d) If the landlord violates this Section, the tenant may file suit and shall be entitled to damages in the amount of 2 times the security deposit, plus interest, reasonable attorneys' fees, and costs.

Section 2-30. Inventory checklists.

(a) Prior to or during the tenancy, the landlord shall create an inventory checklist with the tenant detailing the condition of the dwelling place. Concurrently, the landlord shall supply a copy of any checklists completed with the previous tenant to the new tenant. The checklist shall detail the condition of all items in the unit owned by the landlord, including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures, and electrical fixtures. The checklist shall be signed by the landlord and the tenant.

(b) Any damage to the dwelling place existing prior to creation of the inventory checklist shall be presumed to have existed prior to occupancy by the current tenant, absent clear and convincing evidence to the contrary.

(c) The landlord must provide the tenant with a copy of the tenant's checklist within 10 days of completing the checklist.

ARTICLE 3. TENANCY

Section 3-5. Tenant responsibilities. A tenant:

(1) shall comply with all obligations primarily imposed upon tenants by applicable provisions of any building, housing or fire code materially affecting health and safety;

(2) shall keep the part of the premises that the tenant occupies and uses reasonably clean, within the limits imposed by the condition of the premises;

(3) shall dispose of ashes, rubbish, garbage, and other waste from the dwelling unit in a clean and safe manner;

(4) shall keep all plumbing in the dwelling unit or used by the tenant reasonably clean, within the limits imposed by the condition of the fixtures;

(5) shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances including elevators in the premises;

(6) shall not deliberately or wantonly destroy, deface, damage, impair, or remove a part of the premises or knowingly permit any person to do so;

(7) shall not unreasonably disturb or permit others on the premises with the tenant's consent to unreasonably disturb a neighbor's peaceful enjoyment of the premises; and

(8) shall not change the locks on the doors, except in case of emergency. In case of emergency, the tenant may change the locks and, within 72 hours, shall give the landlord notice that the locks have been changed and provide the landlord with keys to all changed locks. If the emergency is caused by the landlord's access to the unit, and if the tenant is terminating the tenancy pursuant to Section 3-25, then the tenant may refuse to turn over the new keys until after tenant has vacated the unit.

A violation of this Section shall be remedied in accordance with Section 3-15 or by an action to evict the tenant.

Section 3-10. Tenants' right to organize.

(a) Tenants shall have the right to organize and operate independent tenant organizations for the purpose of addressing issues related to their living environment, including but not limited to the terms and conditions of their tenancy.

(b) In a building or development with 6 or more dwelling places, a landlord may not interfere with a tenant's access to existing common areas for meetings or interfere with reasonable means of tenant communication between tenants or organizations working with those tenants, including posting notices, leafleting, and canvasing.

(c) A landlord may not interfere with outside organizers or community organizations working with tenants exercising their right to organize.

(d) A landlord may not attend tenant organization meetings, except at the request of the tenant organization.

(e) If the landlord violates this Section, an injured individual or organization may file a lawsuit and shall be entitled to injunctive relief, actual monetary damages, a penalty in the amount of twice the average monthly rent paid by tenants in the building where the organizational activities were intended to occur, and reasonable attorney's fees and court costs.

(f) Protected activities include, but are not limited to, the following:

(1) distributing leaflets in lobby areas;

(2) placing leaflets at or under tenants' doors;

(3) distributing leaflets in common areas;

(4) conducting door to door surveys of tenants to ascertain interest in establishing a tenant organization and to offer information about tenant organizations or tenant rights;

(5) initiating reasonable contact with tenants;

(6) posting information within the building;

(7) assisting tenants in tenant organization activities; and

(8) convening regularly scheduled tenant organization meetings in a space on site and accessible to tenants and in a manner that is fully independent of management representatives. In order to preserve the independence of tenant organizations, management representatives may not attend the meetings unless invited by the tenant organization to discuss a specific issue.

Section 3-15. Damage caused by the tenant.

(a) If a tenant damages the tenant's rental unit beyond the normal wear and tear of the unit, the landlord shall:

(1) Within 10 days of learning of the damage, give the tenant written notice of the alleged damage, advising the tenant of the tenant's right to discuss the cause of the damage and the remedy for the damage with the landlord.

(2) If no arrangement is reached between the landlord and tenant within 10 days of receipt of the written notice, give the tenant written notice of the landlord's demand for repayment for the cost of repair of the unit. The demand for repayment shall include copies of all receipts for repair work to the premises. The landlord shall allow the tenant 30 days from the date of the receipt of the landlord's demand to pay for the repairs.

(b) If the tenant pays the landlord the amount demanded, the landlord may not terminate the tenancy for the damage caused.

(c) If the tenant fails to pay the amount demanded, the landlord may serve the tenant with a notice of termination of tenancy in accordance with Section 6-5 and Article IX of the Code of Civil Procedure.

(d) If after serving notice of termination the landlord files an eviction action, and the finder of fact determines that the damages for which the landlord sought recovery amounted only to reasonable wear and tear, the landlord shall pay the tenant for all of the tenant's reasonable attorney's fees and costs incurred defending the suit.

Section 3-20. Landlord's responsibilities.

(a) A landlord shall:

(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;

(2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, including extermination and snow and ice removal, in a timely manner;

(3) keep all common areas of the premises in a clean and safe condition;

(4) maintain in good and safe working condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(5) provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;

(6) supply running water and reasonable amounts of hot water, unless hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection, in which case the landlord is prohibited from interfering with the tenant's procurement of hot water;

(7) supply heat to inhabited rooms from September 15th of each year to June 1st of the succeeding year at a minimum temperature of 68 degrees Fahrenheit, unless heat is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection, in which case the landlord is prohibited from interfering with the tenant's procurement of heat;

(8) not unreasonably interfere with the tenant's quiet enjoyment of the unit;

(9) make security deposit records available during office hours;

(10) provide a written receipt for any payment made by the tenant or on behalf of the tenant to the landlord within 10 days of receiving the payment. Each receipt shall identify the amount received, the date on which the amount was received, and the obligation the landlord considered satisfied by the payment; and

(11) disclose to the tenants at the time the lease is negotiated any arrangement for annual municipal inspections of the dwelling unit.

(b) In addition to the remedies set forth in Section 3-30, which apply to paragraphs (1)-(7) of subsection (a) of this Section, if a landlord acts in violation of this Section a tenant may, during the time that the violation continues, file suit and shall be entitled to injunctive relief, actual damages, reasonable attorney's fees, and costs.

Section 3-25. Landlord's right of entry.

(a) In an emergency, a landlord may enter a tenant's dwelling place to the extent necessary to respond to the emergency. Within 48 hours of the emergency entrance, the landlord shall give written notice to the tenant of the entry that discloses the actions taken.

(b) If entrance is not required to respond to an emergency, the landlord may enter a tenant's dwelling place only after providing 48 hours notice to the tenant of the date and time when the landlord will enter. Unless otherwise agreed, the landlord may enter the dwelling place only between the hours of 9:00 a.m. and 7:00 p.m. A landlord may enter a dwelling place only for purposes of assessing or providing maintenance or repair for the dwelling place, for any inspections required by the lease, or to show the dwelling place to a prospective renter.

(c) If the landlord violates this Section, the tenant may file suit and shall be entitled to 2 months rent and the tenant's reasonable attorney's fees and costs.

(d) If the landlord violates this Section twice, the tenant may terminate the lease.

(e) If the tenant unreasonably denies the landlord entrance into the dwelling place despite proper notice, the landlord may file suit seeking injunctive relief and actual damages or may seek possession of the dwelling place with proper notice in accordance with Section 6-5 and Article IX of the Code of Civil Procedure.

Section 3-30. 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 in violation of this Act 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 damage, 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 frame, 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 or services 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 give the landlord notice that the tenant will terminate the lease and vacate the property at will.

Section 3-35. Prohibition of lock-out.

(a) A landlord shall not lock a tenant out of the tenant's dwelling place. 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 under 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; or

(3) entry after all tenants have abandoned a dwelling place.

(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 and personal property, restoration of utility service, and relief against future interference. Damages shall be either in the amount of 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.

Section 3-40. Fees.

(a) A landlord may not charge a tenant any fee in addition to rent unless the fee:

(1) is disclosed on the lease and separately initialed by the tenant;

(2) is not for maintenance of the dwelling place; and

(3) is not in excess of the actual cost born by the landlord.

(b) A lease may not include a tenant-paid fee for late payment of rent or discount for early payment of rent in excess of $10 per month for the first $500 in monthly rent plus 5% per month for any amount of rent in excess of $500.

Section 3-45. Payment of rent. When this Act permits a tenant to withhold rent, the tenant's rental payment is deemed paid on the date due, continuing for each date on which rent is due until the condition permitting the tenant to withhold rent is remedied.

ARTICLE 4. CHANGE IN TERMS OF TENANCY

Section 4-5. Rent increase.

(a) At the expiration of a lease term, a landlord may demand any increase in rent desired subject to subsection (e) and the notice requirements of this Section.

(b) For rent increases of 5% or less, the landlord must provide 30 days written notice of the increase before the increase may take effect.

(c) For rent increases of greater than 5% and up to 10% of the rental rate, the landlord must provide 60 days written notice of the increase in rent before it may take effect.

(d) For rent increases of more than 10% of the rental rate, the landlord must provide 90 days written notice of the increase before it may take effect.

(e) A landlord with 10 or more existing violations of the law of the locality concerning habitability, health, or safety may not increase a tenant's rent until the violations have been remedied.

Section 4-10. End of written or oral lease term. At the end of the lease period, any lease for a term of greater than one month shall revert to month-to-month tenancies under the same terms as the expiring lease unless either the landlord or the tenant gives 30 days notice of the intent to change a term in the lease other than rent.

Section 4-15. Tenant's right to sublease. A landlord must accept all reasonable sublessees offered by the tenant under the same terms provided to the original tenant, provided that a landlord renting a subsidized dwelling place may refuse a sublease so long as the landlord complies with the terms of the subsidy affecting that dwelling place. If a tenant wishes to sublease the dwelling place, the tenant must pay all costs associated with advertising the sublease, but the landlord cannot charge the tenant a fee for subletting the dwelling place.

Section 4-20. Landlord's duty to mitigate damages. If a tenant gives notice of the tenant's intent to vacate the dwelling place, or if the landlord otherwise discovers that the tenant has vacated the dwelling place, the landlord shall make all reasonable efforts to re-let the dwelling place for the remainder of the lease period at the same lease terms. The original tenant is responsible to the landlord only for those damages that could not have been mitigated.

ARTICLE 5. END OF LEASE TERM

Section 5-5. Closing inventory checklist.

(a) Upon notice to the landlord that the tenant either will vacate the dwelling place or has vacated the dwelling place, the landlord shall make himself or herself available to create a closing inventory checklist before admitting a new tenant to occupancy of the dwelling place. The closing inventory checklist shall be on substantially the same form as the inventory checklist. The landlord shall provide a copy of the closing inventory checklist to the tenant within 10 days of the creation of the checklist.

(b) If the tenant is not reasonably available to create a closing inventory checklist, the landlord may create the closing inventory checklist without the tenant, but must photograph any damage claimed beyond normal wear and tear on the dwelling place, or be barred from seeking to recover for that damage.

Section 5-10. Return of security deposits.

(a) The security deposit and all interest earned thereon shall be returned to the tenant within 10 days of the date on which the tenant gives notice to the landlord that the tenant has vacated the dwelling place, unless one of the following applies:

(1) the landlord is proceeding under Section 3-15 for damage caused by the tenant; or

(2) the tenant owes rent and the landlord has withheld an amount from the security deposit equal to the amount of rent owed.

(b) If the landlord violates this Section, the tenant or tenant may file suit and shall be entitled to damages in the amount of 2 times the security deposit, plus interest, the tenant's reasonable attorney's fees, and court costs.

Section 5-15. Abandonment. Abandonment of the dwelling place shall be deemed to have occurred only when:

(1) written notice has been provided to the landlord by a tenant expressing the intention of all of the tenants of the dwelling place to permanently vacate the dwelling place;

(2) all of the tenants have been absent from the dwelling place for the greater of 21 days or one rental period, the tenants have removed their personal property from the dwelling place, and the rent for the period is unpaid; or

(3) all tenants have been absent from the dwelling place for a period of 60 days and the rent for that period is unpaid.

ARTICLE 6. LANDLORD'S ACTION TO TERMINATE POSSESSION

Section 6-5. Residential notice of termination.

(a) In addition to the notice requirements to initiate an action for forcible entry under Article IX of the Code of Civil Procedure, the notice of termination must:

(1) state that the landlord is demanding that the tenant leave the dwelling place on a date specified in the notice;

(2) state the reasons for the landlord's action with enough specificity to enable the tenant to prepare a defense; and

(3) advise the tenant that if he or she remains in the dwelling place after the date specified, the landlord may seek to evict the tenant from the dwelling place only by taking the tenant to court, at which time the tenant may present a defense.

(b) If a tenant does not turn over possession in response to a notice under subsection (a) of this Section, then the tenancy and the tenant's right of possession remain in effect until such time as they are terminated by a court order of possession.

Section 6-10. Tenant lease termination to accommodate a handicap. After providing one month's notice, a tenant who suffers from a handicap as that term is defined by the Illinois Human Rights Act may terminate his or her lease, if the termination is necessary to obtain the benefits of any program directed at providing housing services or aid to individuals with a handicap.

Section 6-15. Right to cure. Within the period provided by the notice required to initiate an action under Article IX of the Code of Civil Procedure, the tenant may cure any lease violation, whether for failure to pay rent or for any violation of the terms of the lease or this Act. If the tenant cures the lease violation within the time provided, the landlord may not file an action to evict the tenant on that basis.

Section 6-20. Waiver for payment of amount demanded. The landlord waives the right to proceed with an action for nonpayment of rent if, at any time before judgment, the landlord accepts the rent due and owing.

Section 6-25. Prohibition on retaliation.

(a) A landlord may not retaliate against a tenant because the tenant has in good faith:

(1) complained of code violations in the dwelling place or an illegal landlord practice to a government agency, public official, or elected representative;

(2) complained of a code violation or an illegal landlord practice to a community organization or the news media;

(3) sought the assistance of the news media or a community organization to remedy a code violation or an illegal landlord practice;

(4) requested that the landlord make repairs in the dwelling place;

(5) testified in court or in an administrative proceeding about the condition of the dwelling place or the building in which the dwelling place is located;

(6) testified in court or in an administrative proceeding about the landlord's conduct as a landlord;

(7) refused any unwanted sexual advance made by the landlord to the tenant; or

(8) exercised any right or remedy provided by law.

(b) Actionable retaliation, if taken in retaliation for the actions specified in subsection (a), shall include, but not be limited to, the following:

(1) increasing rent;

(2) decreasing any service, including, but not limited to, the provision of gas, heat, or electricity, or use of facilities or common areas;

(3) making any alteration to the premises that has an adverse effect upon the tenant;

(4) making any threat of physical force or use of physical force against the tenant or tenant's family member;

(5) making any threat to use a government agency to cause harm to the tenant or the tenant's family member, including, but not limited to, incarceration, deportation, or the loss of a government subsidy;

(6) placing a tenant's name on a list of disfavored tenants; or

(7) attempting to terminate the tenancy of the tenant.

(c) If a landlord acts in violation of this Section, the tenant may plead the violation as an affirmative defense and counterclaim to an action, or may commence a civil action in an appropriate circuit court of this State not later than one year after the occurrence of the violation. In the action, if the court finds that the alleged violation occurred, the court shall award the plaintiff the following relief:

(1) injunctive relief;

(2) an amount equal to 2 months' rent or twice the actual damages sustained by the plaintiff, whichever is greater;

(3) punitive damages, if appropriate; and

(4) the tenant's reasonable attorney's fees and costs.

Section 6-30. Attorney's fees. The recovery of attorney's fees for the prosecution of an action pursuant to Article IX of the Code of Civil Procedure is prohibited.

ARTICLE 7. MISCELLANEOUS PROVISIONS

Section 7-5. Purposes; rules of construction.

(a) This Act shall be liberally construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this Act are:

(1) to simplify, clarify, modernize, and standardize the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;

(2) to encourage landlords and tenants to maintain and improve the habitability, safety, and quality of housing, and to deter actions that have a negative impact upon the same; and

(3) to supplement, enhance, and add to the already existing federal, State, and local law so as to provide a baseline of rights and remedies for residential renters.

Section 7-10. Supplementary principles of law applicable. Unless otherwise provided by the provisions of this Act, the principles of law and equity, including, but not limited to, the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.

Section 7-15. Construction against implicit repeal. This Act being a general Act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

Section 7-20. Subject matter jurisdiction. All circuit courts may decide disputes arising from any violation of this Act, and all violations of this Act are germane to actions for possession under Article IX of the Code of Civil Procedure.

Section 7-25. Notice.

(a) Except for notices required by Article IX of the Code of Civil Procedure, written notice shall be given either in person or by first class mail. If not in person, landlords shall be given notice at the address provided to the tenant at the time the lease is entered or any subsequently reported address. If not in person, a tenant shall be given notice at the address of the rental unit or at the tenant's last known address, if different.

(b) If notice is required, but it is not required to be in writing, notice may be provided by any means actually accomplishing the necessary communication.

Section 7-30. Notice required to evict a tenant. In addition to the notice requirements under Article IX of the Code of Civil Procedure, notice for the eviction of a tenant shall also be given to the tenant by properly addressed and stamped registered mail. This notice cannot be waived.

Section 7-35. Enforcement. The Attorney General has standing to bring suit to enforce any provision of this Act in the name of the People of the State against a landlord whenever the Attorney General determines that such an action would be in the public interest.

ARTICLE 99. EFFECTIVE DATE

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